P.V. ASHA, J.

1. The amendment brought about to the Kerala Education Rules, 1958 ('KER' for short) by way of the Kerala Education (Amendment Rules), 2016 issued in G.O(P)No.199/2016/G.Edn. dated 3.12.2016 is under challenge in these writ petitions filed by Managers of various educational agencies. The amended rules came into force w.e.f 29.1.2016. Amendment has been made to the provisions contained in Chapter XXI of K.E.R, substituting Rule 7 and to Chapter XXIII K.E.R substituting some of the entries in Rule 1, inserting an entry in Rule 5 and inserting Rule 14 A. The explanatory note to the amendment states that it became necessary to impose a condition on the Managers of all aided schools, to appoint fully qualified teachers from among the list of protected teachers; it became necessary to extend the staff fixation for a particular year to the subsequent year. In order to meet those situations, necessary provisions are incorporated in the statute while insisting that the educational officers have to verify the strength of people based on UID verification. As the issue arising in all these cases is one and the same, all these cases were heard together and are being disposed of by this common judgment. The parties and documents referred to in this judgment are as described in W.P.(C).No.1356 of 2017, unless otherwise expressly specified.

2. The aided schools in the State of Kerala, are run with the aid of Government and are governed by the provisions contained in Kerala Education Act, 1958 (hereinafter referred to as 'the Act') and the Kerala Education Rules, 1959 ('the Rules'), framed under Section 36 of the Act. They are also governed by the provisions contained in the Right of Children to Free and Compulsory Education Act, 2009 ('RTE Act') and the Kerala Right of Children to Free and Compulsory Education Rules, 2011 (RTE Rules'). Under Section 9 of the Act, Government has to pay the salary of all the teaching and non-teaching staff of aided Schools. Section 11 of the Act, as it stood prior to amendment carried out in the year 1960, had provided that appointments of teachers should be made by district wise selection through Public Service Commission. Section 11, as amended in 1960, empowers the Managers to appoint teachers subject to the rules and conditions laid down by Government, from among persons who possess the qualifications prescribed under Section 10. Section 12 of the Act empowers Government to prescribe the conditions of service of teachers in aided Schools, including conditions relating to pay, pension, provident fund, age of retirement and restricts the power of Manager to impose penalties of dismissal, removal and reduction in rank on teachers by insisting prior approval of educational officers and insists approval for placing any teachers under suspension beyond 15 days. Section 13 provides that where any retrenchment of teachers in any aided School is rendered necessary consequent on orders of Government relating to the course of studies or scheme of teaching or of such other matters, it shall be competent for Government or the Manager of an aided School to appoint such teachers in any Government or aided School, as the case may be. Chapter III deals with the management of private schools. As per Rule 3 thereof the management of every aided School, whether it be of an individual educational agency or of a corporate educational agency, shall be vested in a Manager, who shall be responsible to the department for the management of the institution. Rule9 provides for the duties and powers of Managers of aided Schools. Sub rule1 provides that Managers shall be responsible for the conduct of the School strictly in accordance with the provisions of the Act and Rules made thereunder and shall also abide by the orders being issued by Government and the Department from time to time. Sub rule 3 provides among other things that the Manager shall provide staff as per rules issued under the Act and as per orders i