Judgment :- Petitioner is the Manager of M.U.L.P. School, Fort Cochin. The School building was constructed in 1931. This was purchased by Calvetty Muslim Jamalh Association. For efficient running of the School the Association formed a Committee and the School was brought under the corporate management of the said Committee. The School. was recognised by the District Educational Council, Malabar in 1931. This is evidenced by Ext.P1. In exercise ofthe power conferred by Rule 2 of Chapter III of the Kerala Education Rules the Regional Deputy Director of Public Instructions, Ernakulam as per his proceedings evidenced by Ext.P2 approved the School. 2. Contention of the petitioner is that the school building and the property attached toil are wakf properties and that as per the wakf deed secular education and theological education are imparted to the pupils, but meticulously observing that the timings set apart to the theological education in the Madrassa do not in any manner hamper the secular education. It is stated that the theological education is conducted in the Madrassa from 7 a.m. to 8.30 a.m. and from 4.30 p.m. to 6.30 p.m. and this has not caused any disturbance to the regular education in the School. 3. Petitioners received Ext.P4 notice calling upon his explanation as to why action should not be taken against him forthe irregularities mentioned in the Assistant Educational Officer's report. The irregularities mentioned are: (1) The First floor of the School building is being used for running an institution, where Arabic is taught to students coming from different parts of Kerala, (2) a part of the first floor has been set apart for the boarding purposes of these Arabic students, (3) the school children and teachers are denied entrance to upstairs and (4) the Arabic institution is run under sponsorship of the Manager. To this, petitioner gave a detailed reply Ext.P5 stating inter alia that the Madrassa classes conducted during the morning and evening do not in any manner affect the secular education imparted to the students, that the School had seven divisions earlier, that now there are only four divisions, that the School functions only in the ground floor and that religious education classes are not conducted in any portion of the School or during the School hours. It is further contended that in the ground floor the School has got sufficient space and accommodation and the first floor is not now used for the School in view of the fall of divisions. 4. Ext.P6 order was issued to the petitioner by the District Educational Officer stating that the petitioner has violated S. 6of the Kerala Education Act and Rule 13 of Chapter IV of the Kerala Education Rules. 5. S.6(1) provides that notwithstanding anything to the contrary contained in any law for the time being in force, no sale, mortgage, pledge, charge or transfer of possession in respect of any property of an aided school shall be created or made except with the previous permission in writing of such officer not below the rank of a District Educational Officer, as may be authorised by the Government in this behalf. Obviously S.6 cannot be invoked as the petitioner has not violated any of the things prohibited under the Section. 6. Rule 15 of Chapter IV provides that the premises of an educational institution (Government or private) or any subsidiary building appertaining to it or a playground or vacant site belonging to the institution, whether adjacent to or removed from it, shall ordinarily be used only for the purposes of functions conducted by such institution. Rule 15 has also no application to the case in hand as the respondents have no case that school has been used for any function by any outside agency. 7. Ext.P? order of the second respondent (District Educational officer) that conducting Madrassa without the knowledge and consent of the Department is in violation of S.6 of the Kerala Education Act and Rule 15 of Chapter IV of the Kerala Education Rules cannot be sustained. 8. Under Rule 18 religious instruction is permitted in a private institution under certain conditions. One of the conditions is that no person attending, any educational institution recognised by the State or receiving aid out of the State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend to any religious worship that may be conducted in such institution or in any premises attached thereto unless that person or if such person is a minor, his guardian has given his consent thereto. Other conditions are: (1) State funds shall not be utilised for religious instruction, (2) no proselytisation shall be conducted and (3) if religious instruction is imparted during School hours the number and duration of the periods as required by the syllabus shall not thereby be reduced in any way. Rule 18(2) prohibits a teacher to impart religious instruction to the pupils against his will. Thus, from a reading of Rule 18 it can be seen that religious instruction as such is not prohibited in private schools. What has been prohibited is the user of State funds for religious instructions. It is also made clear that school hours should not be utilised for religious instructions and if it is imparted during school hours, equivalent period must be set apart for meeting the school syllabus. Thus, it can be seen that under Rule 18 Manager has the freedom either to impart religious instructions in his school or not to have it. Thus, if a Manager wants to impart religious instructions in his school without violating Rule 18, the authorities under the Kerala Education Act cannot stop him. So long as there is nothing to show that any portion of the ground floor of the building where the secular education is imparted to the pupils is used for imparting religious instructions Ext.P4, P6 and P7 cannot be sustained. Exts.P4, P6 and P7 are quashed. Original Petition stands allowed.