K.K. Narendran, J.

1. The petitioner in this original petition is one who has obtained an aided school in a partition. The petitioner father had three aided schools and after the death of the father, the plaintiff and his two brothers partitioned the properties left by their father and one of the schools was allotted to the petitioner. The grievance of the petitioner is against Ext. P-4 order of the 1st respondent-Director of Public Instruction insisting upon certain conditions for the change of management of the schools inherited by the petitioner and his brothers. Two questions arise for consideration in this original petition. One is whether the restrictions imposed by section 6 of the Kerala Education Act, 1958 (for short, the Act) will apply if a running school is transferred as a going concern. The other question is whether the Director of Public Instruction under rule 5A of Chapter III of the Kerala Education Rules, 1959 (for short, the rules) can insist upon conditions ignoring the existence of the institutions as separate entities as a result of the transfer.

2. When the petitioner father passed away on 21st September 1971, the petitioner was appointed as Manager of