M.P. Menon, J.

1. Has there been a change in the management of the Mar Athnasius High School, Nedumbassery, involving a change of ownership also? What is the true scope of the power of the Director of Public Instruction, in granting previous permission for effecting such change, under R.5A of Chap.3 of the Kerala Education Rules? These are the two questions arising for consideration in this writ petition. The second is clearly a question of law. The first may broadly fit into the scheme of a question of fact; but as will presently be seen, a decision on it, on the peculiar facts of this case, is connected with decisions on some questions of law also.

2. Any person of body of persons permitted to establish and maintain a private school (which includes an aided school like the one here) is the "educational agency" of the school, under S.2(2) of the Kerala Education Act. Under S.7 any educational agency may appoint a person to be the manager of the school "under this Act", subject to the approval of such officer as Government may authorise for the purpose. The manager so approved shall be responsible for the conduct of the school in accordance with the provisions of the Act. The