open recruit in the ratio of 1:1". Those Managers who honoured the ban and those who did not honour the ban are thus placed almost in the same level by such balancing process. Therefore, I reject the contention raised by the Petitioners in this regard. Point No. 3: 26. The Petitioners contend that the Government Order in question offends Rules 43, 51A and 51 B of Chapter XIV A of the KER. The second proviso to Rule 51A specifically provides that the first preference under the Rule shall be given to protected teachers. The Government Order deals with appointments in additional division vacancies. Rule 43 deals with filling up of vacancies in any higher grade of pay by promotion of qualified hands in the lower grade. Moreover, the vacancy which arises on promotion of a qualified hand in the lower grade would be available and if it is to be filled by protected hands, the right to get promotion of the qualified candidate would not be affected. In so far as Rule 51 B is concerned, the right of the dependant of an aided school teacher dying-in-harness cannot be defeated by the Government Order in question. Moreover, the G.O. (P) No. 377/2001/G Edn. dated 28-12-2001 was issued clarifying that the condition regarding prior approval of Government for making appointments shall be applicable only to appointments against new division vacancies and that the vacancies against existing posts caused due to retirement, promotion, leave, death, resignation etc. can be filled up without prior sanction of Government. For the aforesaid reasons, I overrule the contention of the Petitioners on this point. Point No. 4: 27. It is contended that the ban on creation of posts and appointment is contrary to sub-rules (3) and (5) of Rule 9 of Chapter III of the KER. Sub-rule (3) of Rule 9 provides that the Manager shall provide staff as per Rules issued under the Education Act and as per orders that may be issued from time to time by the Government and the Department. Sub-rule (5) casts a duty of the Manager to verify the staff position of the school in conformity with the number of class divisions sanctioned by the Department. 28. The Government Orders relating to ban on creation of posts have been referred to in paragraph 13 above. Clause (vi) in G.O.(P) No. 317/2005/G Edn. dated 17-8-2005 was challenged in W.P.(C) No. 273 of 2007 and connected Writ Petitions, which were dismissed as per the judgment dated 15-9-2009. It is stated that the aforesaid judgment became final. 29. Sub-rule (3) of Rule 5 of Chapter III itself provides that Manager shall discharge the function as per Rules issued under the Education Act and as per orders that may be issued from time to time by the Government and the Department in conformity with the provisions of the Act and the rules issued thereunder. Sub-rule (1) of Rule 9 of Chapter III states that the Manager shall be responsible for the conduct of the school strictly in accordance with the provisions of the Kerala Education Act and the Rules issued thereunder. He shall also abide by the orders that may be issued from time to time by the Government and the Department in conformity with the provisions of the Act and the rules issued thereunder. Rule 14 of Chapter XXIII, KER empowers the Government to extend the ban on creation of posts to aided schools. Section 7(2) of the Act provides that the manager shall be responsible for the conduct of the school in accordance with the provisions of the Act and the rules framed thereunder. It is