JUDGMENT :

These writ petitions have been filed by Managers of a few Aided Schools and some aided school teachers challenging SRO No.375/2022 dated 18.4.22 as per which, the Government of Kerala, in the exercise of powers conferred by Section 36 of the Kerala Education Act, 1958 (Act 6 of 1959), framed Rules to amend the Kerala Education Rules, 1959 as Kerala Education (Amendment) Rules, 2022. The petitioners have mounted the challenge on the ground that the provisions are inconsistent with the Right of Children to Free and Compulsory Education Act, 2009 (“Act 35 of 2009”) for the sake of brevity) and the Rules framed thereunder and also the various provisions of Act 6 of 1959, and the Rules framed thereunder.

2. The contentions raised by the petitioners in these writ petitions can be briefly summarized as under:

(a) Chapter VI of the Kerala Education Rules, 1959 deals with admission, transfer, and removal of pupils. Rule 15 provides the circumstances under which pupils can be removed from the rolls. Rule 15(iii) in essence says that a pupil can be removed from the rolls if he has been absent without leave for 15 working days consecutively or has been continuously absent for 5 working