sanctioning such posts, the concerned Educational Officers will take necessary steps to ensure the students' strength in each year and the Deputy Directors of Education should ensure its accuracy. (iv) Before approving each appointments the concerned Educational Officers should ensure that vacancies are available and the appointees are possessing the required qualifications. (v) For approving the appointments made in the additional divisions during the period from 2006-2007 to 2009-2010 in the aided schools, the Managers should execute an agreement in the stamp paper worth ? 50 duly witnessed by Notary to the concerned Educational Officers to the effect that they will appoint protected teachers/non-teaching staff equal to such appointees in all the arising vacancies in the schools from 2010-2011 onwards. The Educational Officers should submit a consolidated statement of such agreements to Government. (vi) After appointing protected teachers/non teaching staff equal to the appointees in additional division vacancies during 2006-2007 to 2009-2010, the vacancies that arise as additional division vacancies in future should be filled up in the order of protected teacher and open recruit in the ratio of 1:1. (vii) With regard to the appointment of protected teachers in 'new schools' ie., 'the schools started/upgraded after 1979', the orders relating to the appointment of protected teachers will be governed by the conditions in G.O.(P) No. l78/2002/G. Edn. dated 28-6-2002 and G.O.(P) No. 46/2006/G Edn. dated 1-2-2006.

- 2. The concerned Educational Officers should verify and approve the appointments made during 2006- 2007 onwards in additional division vacancies subject to the above conditions without waiting for the appellate orders/revisions.

3. To comprehend the contentions raised by the Petitioners and the learned Advocate General, it is necessary to refer to some of the provisions of the Kerala Education Act, 1958(hereinafter referred to as the 'Act') and the Kerala Education Rules, 1959 (hereinafter referred to as 'KER'). 4. The Act is intended to provide for the better organisation and development of educational institutions in the State. Section 3 of the Act provides that the Government may regulate the primary and other stages of education and courses of instructions in Government and private schools. The Government shall take, from time to time, such steps as they may consider necessary or expedient, for the purpose of providing facilities for general education, specialeducation and for the training of teachers. Sub- section (3) of Section 3 states that the Government may, for the purpose of providing such facilities (a) establish and maintain schools; or (b) permit any person or body of persons to establish and maintain aided schools; or (c) recognise any school established and maintained by any person or body of persons. The expressions "aided school", "educational agency", "existing school", "minority schools", "private school", "recognised school" and "school" are defined in Section 2 of the Act. Section10 provides that the Government shall prescribe the qualification to be possessed by persons for appointment as teachers in Government and private schools. Section 11 of the Act, on which much reliance is placed, reads as follows: