JUDGMENT : Petitioner is the Nava Nirman Public School, which is managed by the Nava Nirman Education and Welfare Society and is affiliated to the Central Board of Secondary Education, New Delhi. The issue canvassed in this writ petition is regarding the applicability of the provisions of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (for short, 'the CNV Act, 1959') to the petitioner school, which is a private educational institution. The issue arose when the District Employment Officer, Ernakulam issued Exhibit P1 notice informing the petitioner about the impending visit of the Employment Officer to the school and required the petitioner to make available all relevant records such as attendance register, acquaintance roll and files pertaining to appointments, rendition of ER-I/ER-II returns etc. for the period from 30.9.2009 to 30.6.2010. 2. According to the petitioner, the provisions of the CNV Act, 1959 would apply to establishments in the private sector only if the provisions are made applicable by publication of notification by the appropriate Government in the official gazette specifying the date from which the provision is made applicable. It is contended that no notification having been published in the official gazette, the proposed inspection and compulsion to furnish details as required by the Inspector are without authority. The petitioner therefore prays for the issue of a writ of certiorari quashing Exhibit P1 and for a declaration that provisions of Sections 4, 5 and 6 of the CNV Act, 1959 have no application to the petitioner institution. 3. The official respondents would contend that, the Government of Kerala had, vide G.O(MS).No.363/60/HLD and G.O(MS).No.363(A)60/HLD dated 28.5.1960 notified all establishments in the private sector employing more than 25 persons to be establishments coming under the purview of Sections 4(2) and 5(2) of the CNV Act, 1959. The notification is produced as Exhibit R2(a). It is contended that inasmuch as the petitioner school is employing more than 25 persons, it is an establishment in the private sector to which the provisions of the CNV Act, 1959 are applicable. 4. Heard Sri.Philip J.Vettickattu, learned counsel for the petitioner and Sri.Syamji Ram, learned Government Pleader appearing for the respondents. 5. It is contended that inasmuch as the petitioner school is employing more than 25 persons, it is an establishment in the private sector to which the provisions of the CNV Act, 1959 are applicable. 4. Heard Sri.Philip J.Vettickattu, learned counsel for the petitioner and Sri.Syamji Ram, learned Government Pleader appearing for the respondents. 5. Learned counsel for the petitioner reiterated the contentions in the writ petition that, the notifications mandated under Sections 4(2) and 5(2) of the CNV Act, 1959 not having been published, the 2nd respondent is not vested with the authority to conduct inspection or compel production of documents pertaining to the appointment, staff strength and vacancies in the petitioner school. It is contended that Exhibit R1(a) does not indicate publication of the notification in the official gazette, on which event alone the provisions will become applicable to establishments in the private sector. It is submitted that the fact that Exhibit R2(a) was published as G.O(MS), the expansion of 'MS' being manuscript, is sufficient to prove that the notification was not intended to be published in the official gazette. It is his contention that if the statute prescribed a particular mode of publication for giving effect to a subordinate legislation, then unless the notification is published in the prescribed mode, it is not a valid publication. In support of his contention, the learned counsel relied on the decision of the Apex Court in B.K.Srinivasan and Others v. State of Karnataka and others [ (1987) 1 SCC 658 ] and the Division Bench decision of this Court in State of Kerala v. Meka Dredging Co. Pvt. Ltd. [ 2018 (2) KLT 257 ]. 6. For considering the issue, reference has to be made to the relevant provisions of the CNV Act, 1959. The CNV Act, 1959 was introduced with the objective of providing for the compulsory notification of vacancies to Employment Exchanges. As per Section 2(e), 'Establishment' means, (a) any office, or (b) any place where any industry, trade, business or occupation is carried on. The CNV Act, 1959 was introduced with the objective of providing for the compulsory notification of vacancies to Employment Exchanges. As per Section 2(e), 'Establishment' means, (a) any office, or (b) any place where any industry, trade, business or occupation is carried on. 'Establishment in public sector' is defined under Section 2(f) as establishment owned, controlled or managed by – (1) the Government or a department of the Government; (2) a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956); (3) a corporation (including a cooperative society) established by or under a Central, Provincial or State Act, which is owned, controlled or managed by the Government; (4) a local authority. Section 2(g) defines 'establishment in private sector' to be an establishment which is not an establishment in public sector and where ordinarily twenty-five or more persons are employed to work for remuneration. Sections 4 and 5 of the Act require the employers of establishments in public and private sectors to notify the vacancies in their establishments to Employment Exchanges and to furnish information or returns as may be prescribed in relation to the vacancies that have occurred or are about to occur in that establishment. The sections are as under; “(4) Notification of vacancies to employment exchanges.- (1) After the commencement of this Act in any state or area thereof, the employer in every establishment in public sector in that state or area shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed. (2) The appropriate Government may, by notification in the Official Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition. (3) The manner in which the vacancies referred to sub-section (1) or sub-section (2) shall be notified to the employment exchanges and the particulars of employment in which such vacancies have occurred or are about to occur shall be such as may be prescribed. (3) The manner in which the vacancies referred to sub-section (1) or sub-section (2) shall be notified to the employment exchanges and the particulars of employment in which such vacancies have occurred or are about to occur shall be such as may be prescribed. (4) Nothing in sub-sections (1) and (2) shall be deemed to impose any obligation upon any employer to recruit any person through the employment exchange to fill any vacancy merely because that vacancy has been notified under any of those subsection. (5) Employers to furnish information and returns in prescribed form.- (1) After the commencement of this Act in any State or area thereof, the employers in every establishment in public sector in that State or area shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment, to such employment exchanges as may be prescribed. (2) The appropriate Government may, be notification in the Official Gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition. (3) The form in which, and the intervals of time at which, such information or return shall be furnished and the particulars which they shall contain shall be such as may be prescribed.” 7. A careful reading of Sections 4(2) and 5(2) leaves no room for doubt that the requirement of an establishment in the private sector to notify the vacancies to the Employment Exchange and furnish the details regarding the occurrence of vacancies would arise only on the requisite notification being published in the official gazette. Since Exhibit R2(a) did not contain any indication regarding publication of that notification in the official gazette, details with regard to such publication was procured by the High Court Library from the Kerala State Archives. Since Exhibit R2(a) did not contain any indication regarding publication of that notification in the official gazette, details with regard to such publication was procured by the High Court Library from the Kerala State Archives. It is seen that Exhibit R2(a) notification was published in Kerala Gazette No.22 dated 31st May, 1960-Part-I. As such, the contention of learned counsel for the petitioner that the notification was not published in the official gazette cannot be sustained. The decisions relied on by the learned counsel for the petitioner would also have application only in the event of the notification not being published in the manner prescribed. 8. Since learned counsel for the petitioner has raised a contention that G.O(MS) are not intended for publication in the official gazette, the essential difference between G.O(MS), G.O(P), the expansion of 'P' being printed and G.O(Rt), 'Rt' being routine, is to be considered. The distinction between the aforementioned three modes of issuance of Government orders are dealt with in Appendix III of Part II of the Kerala Secretariat Office Manual, dealing with Records (other than those relating to establishment and house keeping work) Common to all Departments. 9. One of the modes for closing a file generated on a particular subject is by the issuance of a Government Order (G.O). Only files/papers which are classified as 'most important' are closed in the ordinary series as G.O.(P). Those files which are to be preserved permanently in the original form and kept intact, and the current files and relevant portions of the Note File Parts of which are to be kept printed for purpose of being made available for frequent consultation/reference to authorised persons like the research scholars, historians, administrators, etc. where it is considered desirable that consultation of such files in the original form should be restricted, lest they should be mutilated or torn and thereby destroyed and thus lost in course of time due to constant use, alone are closed as G.O(P). 10. All records which are to be classified as 'important' are closed in the ordinary series as G.O(MS). These are files/records which are generally to be kept permanently for administrative reasons, but which do not demand their printing or photocopying. The period of their retention would vary depending upon the nature of the subject dealt within the file. 11. 10. All records which are to be classified as 'important' are closed in the ordinary series as G.O(MS). These are files/records which are generally to be kept permanently for administrative reasons, but which do not demand their printing or photocopying. The period of their retention would vary depending upon the nature of the subject dealt within the file. 11. Files which are classified as 'desirable', i.e., those files which are of secondary importance having relevance only for a specified period not exceeding five years, are closed either in the routine series as GO(Rt), or in the lodged series as Endorsement, Demi-Official (D.O), Memorandum, Lodged, Letter and Circular as the case may be. The disposals which are usually closed as G.O(Rt) need be kept only for a period of three years for purpose of audit, after which they could normally be weeded out. The classification of Government orders into different categorises as aforementioned are with the definite objectives delineated above and hence the contention that Exhibit R2(a) having been issued as G.O(MS), could not have been published in the official gazette, is only to be rejected. For the aforementioned reasons, I find Exhibit R2(a) to be the gazette notification envisaged under Sections 4(2) and 5(2) of the CNV Act, 1959 and hence, the challenge against Exhibit P1 on the ground of lack of authority to be without substance. The petitioner is bound to act in terms of the notice. The writ petition is therefore dismissed. No order as to costs.