In both these writ petitions, the common issue that arises for consideration is whether the Manager of an aided L.P School that is duly recognised in terms of the Kerala Education Act and Rules has the right to close down the School in terms of Section 7 of the Kerala Education Act and Rules, and further, whether the provisions of the recently enacted Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as 'the RTE Act') and the Rules framed thereunder would affect this right that accrues to the Manager under the Kerala Education Act and Rules.

2. W.P.(C).No.12873 of 2015 is filed by the Manager of an aided L.P.School, who has complied with the provisions of Section 7 of the Kerala Education Act, and therefore, as per the decisions of this Court, is entitled in terms of the Kerala Education Act and Rules to close down the School without obtaining any permission from the education authorities. In the writ petition, the petitioner Manager seeks a direction to the education authorities to receive the records of the School from him to complete the process of closing down the School. W.P.(C).No.12205 of 2015, on the other hand is filed by the Headmistress in charge of the Aided L.P.School and the President of the Parent Teachers Association as also the President of the School Samrakshanasamithi of the said School. In this writ petition, the petitioners impugn the steps taken by the Manager of the aided School to close the School, and the contention raised by the petitioners is essentially that the Manager of the School, does not have a right to close down the School merely by complying with the formalities required under the Kerala Education Act and Rules, but would now have to obtain a specific order from the education authorities in the State permitting him to close down the School. The contention of the writ petitioners, in otherwords, is that, on account of the express provisions of the RTE Act and the Rules framed by the State Government thereunder, taking into account the fundamental right to elementary education vested in children between the ages of 6 and 14, the Manager of a recognised aided L.P School cannot close down the School in violation of the fundamental rights that have been guaranteed to the children studying in the said School. The brief facts in W.P.(C). No.12873 of 2015, that will serve to put the issue in perspective may now be noticed.

3. With a view to closing the P.M.L.P School, Kiralur in Thrissur district, the petitioner, who was the Manager of the School, issued Ext.P1 notice under Section 7 (6) of the Kerala Education Act to the 1st respondent - Director of Public Instruction to close down the School. According to the petitioner, the running of the School had become uneconomical, and hence, in the absence of any proposal by the State Government to take over the management of the School, the petitioner was left with no other option but to take steps to close down the School. The petitioner was served with Ext.P3 communication dated 05.06.2012 from the 1st respondent, who informed the petitioner that Ext.P1 notice served by the petitioner could not be acted upon and, insofar as there was a need for running the School in the locality and there were express provisions in the RTE Act that prevented a closing of the School, the education authorities could not permit the petitioner to close down the School. Finding that the stand of the 1st respondent was contrary to a line of judgments of this Court, rendered in the context of the rights of a Manager under the Kerala Education Act and Rules, the petitioner approached this Court through a writ petition challenging Ext.P3 communication issued to him by the 1st respondent. It is relevant to note that, in the meanwhile, the very same issue regarding the rights of a Manager of the School to close down the School in terms of the provisions of the Kerala Education Act and Rules, was engaging the attention of a Full Bench of th