ORDER:- We are concerned with St. Joseph Elementary School, Vikaramasingapuram, which is a denominational institution covered by Article 26 (1) of the Constitution. By an order dated 21st June, 1973, of the Deputy Inspector of Schools, the correspondent of the school was informed that, according to the prescribed rules, secondary grade teachers should not be appointed in higher grade vacancies and that, therefore, the appointments made by the school of secondary grade teachers in higher grade vacancies were not approved. It is the validity of this, that is under attack. The rules referred to by the Deputy Inspector of Schools apparently refer to G. O. Ms. No. 262. Education Department, dated 23rd February, 1972 and the Government Memorandum No 65265-B. 2/72-5 Education dated 16th November, 1972 which amended the Government Order. The crux of the Order of the Government is that, since there were about 7679 secondary grade teachers working in the higher grade posts as on 1st April, 1971, who have to be upgraded in the future years, it was necessary to direct that secondary grade teachers should not be appointed in higher grade posts in Elementary and Higher Elementary School