I have heard Ms. C. Jajo, learned counsel for the petitioner as well as Mrs. Y. Longkumer, learned Govt Advocate. 2. Basic facts may be noted. Petitioner was appointed to act as Assistant Teacher on substitute basis in the Government Middle School, Kongsang vice Shri Rabayuba transferred by an order dated 26th June' 91. He joined duty on 1.7.91. The appointment order carried a condition that the petitioner's service will automatically terminate as soon as Shri. Rabayuba rejoins his duties. The petitioner is still continuing as a substitute teacher. 3. In this writ petition petitioner inter alia prayed for a writ of Mandamus directing the respbndents to regularise the service of the petitioner as teacher in Government Middle School, Kongsang with retrospective'effect, from the date of his joining duty from 1.7.91, along with all service benefits like pay scale, seniority, leave, GPF, Pension benefits etc which are permissible under the rules to regularly appointed Teachers. 4. To appreciate the controversy, the order of appointment dated 26th June 91 is extracted: “Government of Nagaland: Directorate of School Education Kohima Order dated Kohima, the 26th June'91 NO.ED/EI/X/1/90-91: Shri Astutosh Kumar Singh, BA is hereby temporarily appointed to act Assistant Teacher (substitute) in the Govt Middle School, Kongsang under the establishment of Deputy Inspector of Schools, Tuensang in the scale of pay of Rs. 775-25-950-30-1100-EB35-1590 PM plus an innerline compensatory allowances @ 25% fixed per month with all other allowances at the rules prescribed by the Govt of Nagaland from time to time with effect from the date of joining vice Shri Rabayuba transferred. The appointment of Shri Astutosh Kumar Singh will automatically terminate as soon as Shri Rabayuba rejoins his duties. (emphasis supplied) Sd/- Talitsuba, Director” 5. In the interregnum, the petitioner has also acquired advance increment. From the certificate at Annexures 4,5 and 8 it appears that the petitioner is still serving as substitute teacher. 6. At the outset, I am constraint tp observe that the substitute appointment c is not against the regular vacancy for which the petitioner can claim a writ of Mandamus for a direction to regularise the service in the post. Since the substitute appointment is not against the regular vacancy, a writ of Mandamus directing the appropriate authority to regularise the service of the petitioner would amount to a direction to create a post. 7. Since the substitute appointment is not against the regular vacancy, a writ of Mandamus directing the appropriate authority to regularise the service of the petitioner would amount to a direction to create a post. 7. Be that as it may, counter on behalf of the respondents has been filed. In paragraph 4 of the counter the respondent has explained the position that the petitioner was appointed as a substitute teacher against the transferred post of Shri Rabayuba who hats been transferred to the place of Shri Irqtinungba who was placed under suspension. It is also averred in paragraph 7 of the counter that petitioners appointment as substitute teacher against the post of Shri Rabayuba who has been transferred to the place of Shri Imtinungba who has been placed under suspension and as and when Shri Imtinungba is reinstated Shri Rabayuba against which post the petitioner has been appointed on substitute basis will rejoin the post and the appointment of the petitioner shall be automatically lapsed. The sum and substance of the statements made in paragraphs 4 and 7 of the counter are that since the petitioner's appointment is against the vacancy caused by the suspension of Shri Imtinungba it is not regular vacancy and once the suspended teacher is reinstated in his own post, the substitute appointment would automatically lapse. It is also stated in paragraph 9 of the counter that Shri Imtinungba is still under suspension causing the continuance of the petitioner's service on substitute basis. 8. The averments made in paragraphs 4, 7 and 9 of the counter of the respondents have not been controverted. If that is so, the appointment of the petitioner as substitute teacher was against the vacancy caused by the suspension of Shri Imtinungba is well founded. In such a situation, no writ of Mandamus can be issued for regularising the petitioner's service to the post as that would amount to a direction to create a post to regularise the service of the petitioner. 9. Ms C. Jajo, has, however, referred to the judgment of the Division Bench in Writ Appeal No. 192 of 1995, Shri Bikram Prasad vs. The State of Nagaland & others disposed of on 28.6.96. reading of paragraph 2 of the aforesaid judgment it would clearly appear that the facts of this case is distinguishable with the facts of that case. Ms C. Jajo, has, however, referred to the judgment of the Division Bench in Writ Appeal No. 192 of 1995, Shri Bikram Prasad vs. The State of Nagaland & others disposed of on 28.6.96. reading of paragraph 2 of the aforesaid judgment it would clearly appear that the facts of this case is distinguishable with the facts of that case. In that case, appellant was appointed as Hindi Teacher by an order dated 2.7.88 but subsequently by an order dated 9.2.95 his service was terminated and in his place, respondent No. 3 was appointed as Hindi Teacher on ad hoc basis. It is in that situation the Division Bench had allowed the appeal. The facts of that case is not available in the case at hand. 10. In the result, there is no merit in this writ petition and the same is dismissed however, without costs. 11. Despite of the dismissal of the writ petition the writ petitioner shall be allowed to continue in his post till Shri Imtinungba who is stated to be still under suspension rejoin his post after revocation of the suspension order. In the event of the dismissal of the service of Shri Imtinungba after proper inquiry, the case of the petitioner shall also be considered along with other eligible candidates for regular appointment because in such event there will be a regular vacancy. Subject to the aforesaid observation, this writ petition is dismissed.