Short Note : 1. The petitioner was previously employed as teacher in Janpada Sabha Sagar. The petitioner was absorbed as Head Master in the State service as a result of the Madhya Pradesh Local Authorities School Teachers (Absorption in Government Service) Act, 1963. By order dated 1st July 1965, the petitioner was posted as Assistant Teacher. The petitioner challenged the order posting him as Assistant Teacher The petitioner also prayed that the seniority list as required by rule 12 of the M. P. Local Authorities School Teachers (Absorption in Government Service) Rules 1962 be prepared by the Government showing his seniority. Held : As regards the challenge to the order dated 1st July 1965, it is obvious that the petition is very much delayed. The petition was filed more than eight years after the passing of the order. The challenge to the order must fail on the ground of delay. Coming to the question of preparation of the seniority list in accordance with rule 12, the return filed by the State shows that the seniority list has not been finalised. The delay in preparation of the seniority list appears to have been caused by mistaken interpretation of the rule. The State Government first proceeded on the basis that rule 12 of the Absorption R. was not applicable as to fix the relative seniority of the absorbed teacher and the teachers directly recruited in the State. The High Court did not accept the narrow interpretation put by the State Government on rule 12 that it had no application for determination of relative seniority of the absorbed teachers and the directly recruited teachers. In the opinion of this Court, the reason for the delay in preparation of the seniority list is explained. It is therefore, not a fit case where a mandamus should be issued directing the preparation of the seniority list. Ramji Prasad Tiwari v. State of M. P. and others, M. P. No. 60 of 1971 decided on 12-12-1973, Revindra Nath v. D. S. E. of Jabalpur, 1978 MPLJ 49 relied on. Petition dismissed.