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Learned counsel appearing for the respondent urged that even if the rules do not provide for obtaining approval of the Head of the Department, in case of appointment of a regular teacher, the same is required under non- statutory rule 16 of Grant-in-Aid Code for Secondary Schools. What he argues is that even though the rules contained in the Code are non-statutory and are merely administrative instructions, yet they supplement the rules and, therefore, any breach of administrative or executive instruction will make the appointment of the appellants invalid.

The matter can be examined from another angle. Rule 16 of Grant-in- Aid Code for Secondary Schools runs as under:

16. General Conditions of aid:- Grant-in-aid is permissible only to those institutions which have been recognised by the Department. It is subject to the following conditions:-
(i) The Management shall have deposited the stability fund as indicated in rule 9 (d) of Chapter III.
(ii) The Management shall credit the prescribed fees collected, into the Treasury as prescribed in rule 69.