S. B. SINHA, C. J. ( 1 ) THE question, which arises for consideration in these applications, although is of some importance, having regard to the order proposed to be passed by us, it may not be necessary for us to advert to all the contentions raised in the applications and finally adjudicate thereupon. ( 2 ) SUFFICE it to point out that the State of andhra Pradesh issued G. O. Ms. No. 3, social Welfare (TW. Edn. II) Department, dated 10-1-2000, purported to be in exercise of power conferred upon it under schedule-V appended to the Constitution of india, In terms of the said G. O. Ms. No. 3, dated 10-1-2000, reservations have been made in favour of the local tribal candidates for filling up all the vacancies of School teachers in the educational institutions within the Scheduled Areas. Original applications have been filed before the learned Tribunal, being O. A. No, 2138 of 2000 and batch, and by reason of an order dated 19-9-2000, the said G. O. Ms. No. 3 dated 10-1-2000 was quashed. As against the said decision, a writ petition has been filed before this Court, being Writ Petition no. 19392 of 2000 and by an order dated 18-10-2000 the judgment of the learned tribunal has been suspended. ( 3 ) BY reason of G. O. Ms. No. 118, education (Ser. VI) Department, dated 20-9-2000, the State framed rules known as andhra Pradesh Teachers (Regulation of transfer) Rules, 2000, (hereinafter referred to as the Rules for the sake of brevity ). The relevant provisions of the said Rules are 21, 23,24,25 and 27, which read;"21. The teachers, who got transfer orders shall be relieved by the competent authority only after the substitute is posted and reports in his/ her place. 22. xx xx xx 23. Commissioner and Director of school Education, Hyderabad is permitted to draw the schedule and communicate to the competent authority to effect the transfers. 24. Commissioner and Director of school Education is permitted to effect the transfer of the Class-III Officers of andhra Pradesh Educational Service. 25. 22. xx xx xx 23. Commissioner and Director of school Education, Hyderabad is permitted to draw the schedule and communicate to the competent authority to effect the transfers. 24. Commissioner and Director of school Education is permitted to effect the transfer of the Class-III Officers of andhra Pradesh Educational Service. 25. All transfers shall be effected as per the schedule to be communicated by director of School Education and no transfer of teachers may be made thereafter, during the academic year except in the following cases, namely; (1) in the event of disciplinary action; (2) consequent on promotion; (3) consequent on the re-adjustment of surplus posts, if any, and (4) inter-district transfers where the deo s concerned of both the districts agree, under orders of government. 26. xx xx xx 27. (1) The Government may either suo motu or on an application from any person, aggrieved by the orders of the mandal Level Committees or the district Level Committee or Regional level Committee call for and examine the records in respect of any proceedings of transfer of teachers to satisfy themselves as to the regularity, legality or propriety. If, in any case, it appears to the Government that any such proceedings should be modified, annulled or reversed or remitted for reconsideration, they may pass orders accordingly or remand the case with any direction as to rectify any violation of rules or discrepancy. Such orders shall be implemented by the authority concerned. (2) The Government may stay the implementation of any such proceedings, pending exercise of their powers under sub-rule (1) above. (3) The Government may either suo motu or on an application from any person interested, made within forty- five days of the passing of an order under sub-rule (1), review any such order, if it was passed by them under any mistake, whether of fact or of law, or in ignorance of any material fact. " ( 4 ) IN the meantime, the Director of school Education issued proceedings in rc. No. 196/c2-4/2000 dated 4-11-2000 laying down the guidelines to be followed by the District Educational Officers in the state while issuing transfer orders. Guideline/condition No. 9 reads as under:"9. The transfer orders issued recently to the teachers working in agency areas shall be implemented only if local tribe candidates are available for appointment against these posts. No. 196/c2-4/2000 dated 4-11-2000 laying down the guidelines to be followed by the District Educational Officers in the state while issuing transfer orders. Guideline/condition No. 9 reads as under:"9. The transfer orders issued recently to the teachers working in agency areas shall be implemented only if local tribe candidates are available for appointment against these posts. " ( 5 ) CHALLENGING the Condition No. 9 contained in the aforementioned proceedings of the Director of School education dated 4-11-2000, some of the teachers working in the agency areas of visakhapatnam District have filed Original application Nos. 7027 and 7049 of 2000 and the learned Tribunal by reason of its judgment dated 13-11-2000 quashed the condition No. 9 of the proceedings. Original Application Nos. 7042 and 7122 of 2000 have also been filed before the tribunal to declare the proceedings dated 1-11-2000 of the Director of School education as arbitrary and illegal. The learned Tribunal disposed of the said original Applications in terms of its udgment dated 13-11-2000 passed in o. A. Nos. 7027 and 7049 of 2000. The said judgments of the learned Tribunal in the aforementioned Original Applications have been challenged in this batch of writ petitions. ( 6 ) THE learned Additional Advocate general submits that unfortunately the learned Tribunal did not consider that even the statutory rules framed viz. , Rule 21 if given effect to shall have the same effect. ( 7 ) WE need not go into the question as had been formulated by the learned tribunal, inasmuch as we are of the opinion that, although the State by issuing executive instructions in exercise of its jurisdiction under Article 162 of the Constitution of india can fill up the gaps, if any, in the statutory rules i. e. , by supplementing the same and not supplanting the same. The commissioner and Director of School education, who is the statutory authority and is merely required to perform the functions in terms of the said Rules, could not have exceeded his jurisdiction in issuing the aforementioned proceedings dated 4-11-2000. We, therefore, for different reasons must hold that condition No. 9 contained in the proceedings dated 4-11-2000 is ultra vires. Otherwise also it does not have the force of statute. We, therefore, for different reasons must hold that condition No. 9 contained in the proceedings dated 4-11-2000 is ultra vires. Otherwise also it does not have the force of statute. But, it goes without saying that in the aforementioned situation, Rule 21 of the Rules shall become operative and it would be open to the competent authority to pass appropriate orders in terms thereof. ( 8 ) BEFORE parting, we may notice a submission made by Mr. C. V. Nagarjuna reddy, learned Counsel appearing on behalf of the respondents that the State government has already selected 369 tribal candidates for the District of visakhapatnam. We do not intend to issue any direction, but we may only observe that this aspect of the matter may also be taken into consideration by the appropriate authority while issuing directions for postings and transfers of the Teachers concerned. ( 9 ) THE writ petitions are disposed of with the aforementioned observations. No order as to costs.