11. Appointment of teachers in aided schools.--Subject to the rules and conditions laid down by the Government, teachers of aided schools shall be appointed by the managers of such schools from among persons who possess the qualifications prescribed under Section 10." Section 11 of theKerala Education Act, 1958, as it originally stood, provided that the Public Service Commission shall select candidates for appointment as teachers in Government and Aided Schools. Section 11, as it stands now, was substituted by Amendment Act 35 of 1960. 5. Chapter III of KER deals with Management of private schools. Rule 1 classifies private educational institutions into two categories, namely, (i) those under individual Educational Agency and (ii) those under Corporate Educational Agency. Rule 3 of Chapter III states that the management of every aided school may be vested by the Educational Agency in a person who shall be referred to as the Manager and who shall be responsible to the department for the management of the institution. Chapter v. provides for opening and recognition of schools. For opening a new school or for upgrading schools, an application should be submitted. The Government shall take a final decision in the matter. Rule 6 of Chapter v. states that every application shall be accompanied by the documents mentioned in that Rule. The document referred to in Clause (viii) of Rule 6 of Chapter v. is "an agreement duly executed by the Applicant to the effect that he is prepared to absorb qualified teachers/ non teaching staff who, after putting in service of 2 years and drawing 2 vacation salaries, have been retrenched from any of the Aided High Schools in the Education District or Aided Primary School in theEducation Sub- district in which the Applicant proposes to open/ upgrade the school". Clause (viii) was substituted by S.R.O. No. 510/2010 notified as per G.O.(P) No. 79/2010/ G. Edn., dated 25th May 2010, which reads: An agreement duly executed by the Applicant to the effect that he is prepared to absorb qualified teachers/non teaching staff who are eligible for protection as per orders issued by Government from time to time and that any such orders shall form part and parcel of the agreement as if they were incorporated in the agreement. 6. Situations arose resulting in unexpected retrenchment of qualified teachers with long service from aided schools due to reasons beyond their control. The number of schools increased. Some of the schools became uneconomic. The number of recognised schools in the State, also increased considerably. Fall in student strength occurred and it was one of the reasons for retrenchment of teachers in aided sector. Withdrawal of recognition of schools, closure of uneconomic schools etc. were other reasons. The provisions in the Act and KER intended to cope up with these situations are Sections 13, Rule 6 (viii) of Chapter v. of the KER and Rule 5A of Chapter XIV A of the KER. Section 13 of the Act provides for absorption of teachers on retrenchment. Section 13 is as follows:

- 13. Absorption of teachers on retrenchment.-Where any retrenchment of teachers in any Aided School is rendered necessary consequent on orders of the Government relating to the course of studies of scheme of teaching or of such other matters, it shall be competent for the Government or the manager of an aided school to appoint such teachers in any Government School or Aided School, as the case may be.