A.K. PATNAIK, J- Heard the petitioner in person, Mr P. Dey, learned Addl. CGSC, for respondent No. 5 and Mr B.P. Marngar, learned senior Government Advocate, Meghalaya, for respondent Nos. 1, 2, 3 and 4. 2. The petitioner was appointed as LD Assistant in February 1969, and was promoted to the post of UD Assistant in the Rural Employment Bureau on 24.02.74. Thereafter, he was promoted to the post of Head Assistant in the Divisional Employment Exchange, Shillong in April 1996. He was not considered for promotion to the next higher post of Assistant Employment Officer in the Rural Employment Bureau. He has therefore filed this writ petition for direction to the respondents to fi(l up the post of Assistant Employment Officer on promotion and to restore the seniority position of the petitioner vis-a-vis his juniors by giving him promotional benefits with retrospective effect from 24.2.74. 3. At the hearing of the writ petition on 6.9.2001, the petitioner who appeared in person submitted that he was entitled to be considered for promotion to the post of Assistant Employment Officer under the procedural instructions prescribed for such promotion by the Director General, Employment and Training, Directorate of Employment Exchange, Ministry of Labour & Employment, New Delhi. But, he has been denied such promotion contrary to the said procedural instructions. Since the petitioner had not been able to lay his hands on a copy of the said procedural instructions despite all his efforts, this Court passed orders on 6.9.01, directing the Director General Employment and Training Ministry of Labour, Govt. of India, New Delhi, to produce authentic copy of the Employment Exchange minutes containing the instructions relating to promotion to the post of Assistant Employment Officer. Pursuant to the said direction, the Assistant Director of Employment Exchanges, has sent a communication dated 18/19.10.2001 to the Addl. CGSC Shri P. Dey, and in the said communication has stated that the Director General of Employment and Training does not seem to have issued any Employment Exchange minutes from the year 1963 onwards against para No. 1.20 contained in the National Employment Service Manual (VoL I). Along with the said communication, however, a copy of the Employment Exchange Minutes No. 19/1961, issued in the year 1961 regarding establishment and working of Employment Information and Assistant Bureau in rural areas has been enclosed. Along with the said communication, however, a copy of the Employment Exchange Minutes No. 19/1961, issued in the year 1961 regarding establishment and working of Employment Information and Assistant Bureau in rural areas has been enclosed. A perusal of the said copy of the Employment Exchange Minutes No. 19/1961 enclosed with communication dated 18/19.10.2001, shows that the said Employment Exchange minutes do not contain any procedural instructions with regard to promotion to the post of Assistant Employment Officer. In para 2 of the said communication dated 18/19.10.2001 of the Assistant Director Employment Exchanges to Shri P. Dey, Addl. CGSC, it is stated that the States have their set of recruitment procedures whereunder the officers and staff are recruited by them and the Director General of Employment and Training, Ministry of Labour, Govt. of India, is not concerned with the procedural matters relating to the officers and staff posted in different Employment Exchanges administered under the respective State Governments. It is thus clear, that it is not the Director General Employment and Training, Ministry of Labour, Govt. of India, who lays down the recruitment procedure including the procedure for promotion to the post of Assistant Employment Officer and it is the State Government who has to lay down such recruitment procedure including the procedure for promotion to the post of Assistant Employment Officer. 4. In para 19 of the affidavit-in-opposition filed on behalf of the respondent No. 3, the Commissioner and Secretary, to the Govt. of Meghalaya Labour Department, it is stated that, promotions to the post of Assistant Employment Officer were made strictly under the provisions of the Draft Service Rules with prior consultation with Personal A.R. Department and the petitioner's case although falling in the category could not be considered as he does not posses the requisite qualification i.e. graduation degree and for similar reasons few other ministerial staff also could not be considered for promotion. In view of the aforesaid averments in para 19 of the affidavit-in-opposition filed on behalf of the respondent No. 3, this Court passed orders on 6.9.01 directing the State of Meghalaya to produce before the Court the aforesaid draft rules and pursuant to the said order the draft rules have been produced before this Court. 5. Rule 7 of the draft service rules called the Meghalaya Employment and Training Service Rules, 1993, provides for the method of recruitment to different grades and posts. 5. Rule 7 of the draft service rules called the Meghalaya Employment and Training Service Rules, 1993, provides for the method of recruitment to different grades and posts. Sub-rule (4) of the said Rule 7 provides for appointment to the post of Assistant Employment Officer and is relevant for disposal of this writ petition. The said sub-rule (4) of Rule 7 of the draft service rules is quoted hereunder: "(4) Appointment to the post of Assistant Employment Officer shall be made as under:- (a) 50% of the vacancies by direct recruitment on the result of the competitive examination to be conducted by the Commission. (b) 25% of the vacancies by promotion from amongst the ministerial staff of the Directorate and of the Employment Exchanges in the State; and 25% of the vacancies by promotion from amongst the Statistical Assistants/Surveyors/Junior Employment Officer/Technical Assistant, possessing qualifications and experience as specified in Schedule II. Provided that the number of persons appointed under Clause (b) above shall not at any time exceed 50% (fifty) percent of the strength in that cadre of the service." A plain reading of the aforesaid sub-rule (4) and particularly para (b) thereof will make it clear that 25% of the vacancies in the post of Assistant Employment Officer, has to be filled up by promotion from amongst the ministerial staff of the Directorate and all the Employment Exchanges in the State. The said para (b) of sub-rule(4), however, further provides that 25% of the vacancies in the post of Assistant Employment Officers shall be filled up by promotion from amongst Statistical Assistants/Surveyors/Junior Employment Officer/Technical Assistant. It is further stipulated in the aforesaid paragraph (b) of sub-rule (4) of Rule 7 of the Draft Rules that for promotion to the vacancies in the post of Assistant Employment Officer, the ministerial staff or Statistical Assistants/Surveyors/Junior Employment Officer/Technical Assistant as the case may be must possess qualification and experience as specified in Schedule II of the Draft Rules. Serial No. 7 of Schedule II of the draft rules relates to Assistant Employment Officer and it provides in column 4 that for promotion to the post of Assistant Employment Officer, a person must be Bachelor Degree holder from any recognised university. Thus, under the draft rules, unless a person have a Bachelor Degree from a recognised university he cannot be considered for promotion to the post of Assistant Employment Officer. 6. Thus, under the draft rules, unless a person have a Bachelor Degree from a recognised university he cannot be considered for promotion to the post of Assistant Employment Officer. 6. The petitioner vehemently submitted that the draft rules are not rules made under the provision to Article 309 of the Constitution until they are finalised and notified as such rules in accordance" with the proviso to Article 309 of the Constitution. The petitioner is right in his aforesaid contention that until the draft rules are finalised and notified the same cannot be treated as rules made under the proviso to Article 309 of the Constitution. But the State Government in exercise of its executive powers can always issue executive instructions relating to recruitment and promotion to the posts under the State Government and until rules are made under the proviso to Article 309 of the Constitution, such executive instructions for recruitment and promotion to the posts under the State Government will hold the field. Thus even if the draft rules may not be rules under the proviso to Article 309 of the Constitution they are executive instructions made for the purpose of recruitment and promotion to the posts under the Directorate of Employment and Craftsmen Training of the State of Meghalaya. 7. The petitioner in person further submitted that the draft rules were made in the year 1994 whereas the petitioner had been promoted to the post of UD Assistant as far back as in 1974, and during the period from 1974 to 1994 the procedural instructions as laid down by the Director of Employment Exchanges, Ministry of Labour, were applicable. I am unable to accept the said submission of the petitioner in person. Because as has been indicated in the communication dated 18/19.10.2001 of the Assistant Director Employment Exchange to Sri P. Dey, learned Addl, CGSC, produced before the Court and discussed above, the Employment Exchanges in the different States are administered, managed and controlled by the State Governments and the States have sets of recruitment procedure under which officers and staff are recruited by them. The petitioner and all other employees of the Employment Exchanges in the State of Meghalaya are not holding posts under the Union Government but under the State Government of Meghalaya, and recruitment to the posts under the State of Meghalaya can be conducted only in accordance with the executive instructions or rules made by the State Government or the law made by the State Legislature of Meghalaya. Hence, the promotion to the post of Assistant Employment Officer under the Government of Meghalaya cannot be governed by the procedural instructions, if any, issued by the Government of India. 8. Since the petitioner was not a person having Bachelor Degree from any university, he was not considered for promotion to the post of Assistant Employment Officer as indicated in the aftldavit-in-opposition filed on behalf of respondent No. 3. But it also appears from the said affidavit-in-opposition that some other ministerial staff also could not be considered for such promotion to the post of Assistant Employment Officer. Promotional prospects are necessary for keeping up the morale of any service. If UD Assistants, Statistical Assistants and other ministerial and technical staff serving for long years under the Directorate of Employment or in different Employment Exchanges in the State of Meghalaya and who are otherwise suitable for promotion, are not considered for promotion to the post of Assistant Employment Officer on the ground that they do not have the minimum qualification of Bachelor Degree, they may suffer from frustration and such frustration obviously will adversely affect their work in the Directorate and in the Employment Exchanges. For this reason, the State Government should consider waiving the requirement of Bachelor's Degree as the minimum qualification for promotion to the post of Assistant Employment Officer while finalising the rules under the proviso to Article 309 of the Constitution. Moreover, the Meghalaya Employment and Training Service Rules, 1993, have remained in draft stage for more than 8 years now, and should be finalised as soon as possible in the interest of the service. 9. Moreover, the Meghalaya Employment and Training Service Rules, 1993, have remained in draft stage for more than 8 years now, and should be finalised as soon as possible in the interest of the service. 9. In the result, I dispose of this writ petition with the direction that within three (3) months from the date of receipt of a certified copy of this judgment and order by the Commissioner and Secretary, Labour Department, Government of Meghalaya, the draft rules under the proviso to Article 309 of the Constitution be finalised and the observations in this judgment for waiver of the minimum qualification of Bachelor's Degree from a recognised university for promotion to the post of Assistant Employment Officer be considered by the authorities. Considering however the entire facts and circumstances of the case, the parties shall bear their respective costs.