imposes condition for approving appointment already made. Conditions are laid down in Chapter XTV A, KER. If any 'condition' is to be imposed, it could only by statutory provisions. Executive Orders cannot override the statutory provisions. The Petitioners relied on Unninarayanan v. State ofKerala : 2009 (2) K.L.T. 604 and Sasidharan Nair v. Ali : 2009 (3) K.L.T. 863 in support of this proposition. It is also contended that the purpose of the Government Order is to encroach upon the rights of private management.

- 17. The learned Advocate General submitted that the Government Order does not in any way offend the powers of the Manager to appoint teachers. The power to appoint teachers is subject to the provisions of the Act and KER. Section 11 provides for laying down 'conditions' and it could be done by the Government by issuing executive orders. He relied on 1975 K.L.T. 617, 1966 K.L.T. 1042, 1988 (2) K.L.T. 1024 and 1990 (1) K.L.T. 544 and the judgment in W.A. No. 202 of 1990.

18. It is well-settled that executive orders cannot override statutory provisions, [see Unninarayanan v. State of Kerala : 2009 (2) K.L.T. 604; Sasidharan Nair v. Ali : 2009 (3) K.L.T. 867]. 19. In M.P. Lakshmi v. Assistant Educational Officer (1966 K.L.T. 1042 the teacher appointed passed S.S.L.C. on the the fourth chance. A Government Order stipulated that those who have taken more than three chances to pass the S.S.L.C. examination are not eligible for appointment. The Educational Officer declined approval on the basis of the Government Order. The teacher contended that the qualification cannot be prescribed by executive order, in the light of the expression "the qualifications prescribed under Section 10" occurring in Section 11when read along with the definition of the expression "prescribed" under Section 2(6) of the Act. Repelling the contention, Justice K.K. Mathew held: I am not able to accept the interpretation suggested by counsel because Section 11 only says 'prescribed under Section 10', which might mean prescribed by rules or executive orders. The use of the expression 'prescribed under Section 10' in Section 11 does not inevitably lead to the conclusion that the expression 'prescribe' as used in Section 10 is intended to have the meaning ascribed to the word 'prescribed' in the definition clause. Section 2 of the Act begins by saying that in this Act, unless the context otherwise requires, the meaning given in the definition clauses to the words defined must be ascribed to them, wherever they occur. In the context in which the word 'prescribed' is used in Section 11 it can only mean as prescribed by rules or executive orders, if the word 'prescribe' in Section 10 means that. 20. In Radha v. District Educational Officer, Badagara and Ors. 1975 K.L.T. 617 the Division Bench held: 'Prescribed' has been defined in Section 2(6) of the Kerala Education Act as meaning prescribed by rules under the Act. But Section 2 itself states that the definition therein contained will apply only 'unless the context otherwise requires'. We do not think that we must understand the word prescribed in Note (i) to Rule 43 in Chapter XIV A as meaning that only prescribed by rules under the Act. The prescription in the general sense of the word by an executive order would be sufficient. 21. The judgments referred to above pertain to the interpretation of the expression "qualifications prescribed under Section 10" occurring in Section 11. In spite of the fact that the said expression contained the word "prescribed", this Court did not accept the contention that it could be prescribed