ORDER Gohil, J. -- 1. The State of Madhya Pradesh has filed this writ petition under Article 227 of the Constitution of India for quashing the order dated 5th August 1999 passed by the State Administrative Tribunal, Bench Gwalior in TA No. 112 of 1993 (M.P. No. 648 of 1987). 2. Briefly stated the State of Madhya Pradesh vide order dated 23rd October 1986 created 5,000 posts of Science Teachers in the School Education Department. All the posts were distributed in the schools situated in the State of Madhya Pradesh division-wise in the united State of Madhya Pradesh including now State of Chhattisgarh. 769 posts of Science Teachers were allotted for the Gwalior Division. Out of the aforesaid 5,000 posts 50% of the posts were to be filled through direct recruitment and the remaining 50% were to be filled through the promotions, pursuant thereto promotion orders for Gwalior Division were passed on 13th July 1987 (Annexure P-4) and by another order dated 12th August, 1987 (Annexure P-5). Thereafter, vide order dated 17th August, 1987 (Annexure P-6), earlier promotion orders issued were cancelled with immediate effect. 3. The respondent/Association through its office bearers along with Teachers challenged the aforesaid orders of cancellation of the promotion dated 17th August, 1987 (Annexure P-6) before this Court in MP No. 648 of 1987. After formation of the Madhya Pradesh State Administrative Tribunal (S.A.T.), the case was transferred to the S.A.T., where it was registered as TA No. 112/1993. The Tribunal after hearing the parties quashed the aforesaid orders vide order dated 5th August 1999. The operative portion of the order is reproduced below as under: "In the result, the impugned order Annexures P-1 and P-2 are quashed it is ordered that the posts which fell vacant in the subject of science for science teachers in Gwa1ior Division out of that 50% posts will not be filled up from any source other than the Lower Division Teachers, in Gwalior Division. The respondents are further directed to find out the vacant posts available for their promotions in against 50% quota in Science subject and shall re-examine the list according to vacancies in that subject. The applicants are still working on the posts on promotion and they have to continue on those posts till such re-examination after giving them an opportunity of hearing. The applicants are still working on the posts on promotion and they have to continue on those posts till such re-examination after giving them an opportunity of hearing. The respondents shall also consider them in the ratio of 50% against vacant posts which fell vacant after the relevant date and shall pass appropriate order of their regularization accordingly." Against the aforesaid order, State has filed this petition with the prayer of its quashment. 4. We have heard learned counsel for the parties and perused the record. 5. The contention of the petitioners/State Government in the writ petition filed against the aforesaid order is that the recruitment of the said posts of teachers is governed by the rules known as Madhya Pradesh Arajpatrit Tritiya Varg Shaikshanik Seva Bharti Wa Padannoti Niyam, 1973 published in the Government Gazette dated 19th October 1973 (hereinafter referred to as the "Rules of 1973"). According to the said Rules of 1973, 50% of the posts of teachers are to be filled by direct recruitment and the remaining 50% posts are to be filled up way of promotion from the incumbents holding the post of Assistant Teacher (Lower Division Teacher) in the School Education Department. 6. Now, the main contention of the State Government in this writ petition is that the posts of Teachers by promotion are to be filled up from the cadre of Teachers holding the post of Assistant Teacher on the basis of their seniority. The Rules of 1973, no where provides that the said 50% posts of teachers in the promotion quota are to be filled up from the post of Assistant Teacher, Science or from any particular subject as of English, Science and Mathematics Teachers. It was the contention of the State Government that there is no separate gradation list of the teachers on the basis of subject-wise the State Government has only prepared combined list of Assistant Teachers and promotion has to be made from the combined seniority list and not from the list of only Science Teachers. Accordingly, it was contended that the promotion order dated 13th July 1987 which was passed promoting the Science Teachers only was contrary to the Rules of 1973, therefore, the Government had withdrawn the same and the Tribunal has also not considered the effect of the Rules of 1973 and has wrongly and illegally decided the matter. 7. Accordingly, it was contended that the promotion order dated 13th July 1987 which was passed promoting the Science Teachers only was contrary to the Rules of 1973, therefore, the Government had withdrawn the same and the Tribunal has also not considered the effect of the Rules of 1973 and has wrongly and illegally decided the matter. 7. In reply, the contention of the respondents is that they are graduates in Science subject and they are holding the post of Assistant Teachers in the subject of Science. The State Government looking the need and shortage of Science Teachers in schools, took a policy decision vide order dated 23rd October 1986 (Annexure P-l) to create 5000 posts of Teachers in various schools especially for the appointment of teachers in the subjects of English, Science and Mathematics and in compliance of the aforesaid policy decision taken by the State Government on 23rd October 1986 (Annexure P-1), the Director, Public Instructions, Bhopal issued another order dated 11th November 1986 for the appointment of Teachers especially in the subjects of Engish, Science and Mathematics and also distributed the posts devision wise and there is no dispute that for Gwalior Division, 769 posts were sanctioned in the united State of Madhya Pradesh. Out of 769 sanctioned posts, 50% posts were to be filled up by direct recruitment and 50% posts were to be filled up by way of -promotion and the Joint Director, Education, Gwalior Division, Gwalior vide order dated 13th July 1987 promoted 162 posts of General Category, 9 posts of Scheduled Caste Category and the remaining posts are still lying vacant. It was further submitted that under the policy of the State Government, the posts were sanctioned for appointment of Teachers in the specific subjects, therefore, their contention is that this was a special creation and this has nothing to do with the Recruitment Rules of 1973. In the order, Annexure P-l dated 23rd October, 1986, it has been specifically mentioned that the selection of teachers shall remain outside the purview of the Junior Service Selection Board. Therefore, it appears that the intention of the Government was to fill up the posts and appoint the teachers in the Science subject as per the requirement of the schools and the intention of the Government was to keep the selection of these posts away from the Rules of 1973. Therefore, it appears that the intention of the Government was to fill up the posts and appoint the teachers in the Science subject as per the requirement of the schools and the intention of the Government was to keep the selection of these posts away from the Rules of 1973. Thus, such stand of the State Government is not justified in view of various circulars and guidelines issued by the State Government from time to time. The promotions have been made in all other Divisions of the united State of Madhya Pradesh (State of Madhya Pradesh and State of Chhattisgarh) except Gwalior Division. The promotion made in other divisions have not been challenged and the teachers are working on promoted posts. Government has not cancelled the orders of other divisions. Therefore, the Tribunal has rightly held that the dispute can be resolved well by the State Government and further directed that the State Government to find out the vacant posts available for promotion against 50% quota and consider the cases of all eligible employees for their promotion on the posts according to the subject in which the posts have fallen vacant. The Tribunal has also considered that in various other cases, similar directions were issued by the Tribunal and they have been complied with by the State Government. 8. Having heard the learned counsel for the parties, we are of the view that the stand of State Government is not correct that the posts were to be filled up as per Rules of 1973 Schedule IV and note appended thereto from the combined seniority list of Assistant Teachers not out of only Science Teachers but looking to the policy decision of the State Government in the year 1986 vide Annexure P-1 to create 5,000 posts specially for Science subject and thereafter posts were distributed vide Annexure P-1 dated with November 1986 and as the Government itself has not issued guidelines to follow the Rules of 1973, nor amended the Rules, therefore, it appears that the respondents were rightly promoted vide order dated 13th July, 1987, Annexure P-4 and all the respondents are working on the promoted posts since 13th July, 1987 and some of them might have retired during this period after attaining the age of superannuation and some of them may be at the verge of completion of period of service. 9. 9. It is submitted that the teachers who are promoted vide order dated 13th July, 1987 (Annexure P-4) are working and the order is still in force under the stay order passed by this Court. It is also not in dispute that in the other twelve Divisions of the united State of Madhya Pradesh, teachers of Science subject were promoted and the order of the Tribunal was made applicable and the order of cancellation of the promotion was set aside by the Tribunal. This fact also cannot be ignored that it was the policy decision taken by the State Government especially in favour of the teachers for the subjects of English, Science and Mathematics, as per need of the time and the conditions of the schools detailed reasons thereof have been described in Annexure P-2 dated 11th November, 1986. Therefore, as a one time measure as per the directions and policy of the Government issued in circulars, Annexure P-1 and Annexure P-2, it appears that the Tribunal has rightly set aside the orders dated 13th July, 1987 and 12th August, 1987. The Tribunal has rightly directed that the posts which fell vacant in the subject of Science in the Gwalior Division out of 50% promotion quota shall not be filled up from any other source other than the Lower Division Teachers. The respondents and the persons who were promoted and working on the promoted posts vide order dated 13th July, 1987 (Annexure P-4) may be considered for their regularisation as a one time measure as it will not be proper to disturb them after twenty years but it is made clear that the same shall not be treated as precedent in the other cases and thus, we do not find any force in this petition filed by State of Madhya Pradesh and the same is liable to be dismissed. So far as the vacant posts are concerned, the Government may re-examine the matter and as also the question of application of Rules of 1973 on these appointments and promotions and may take a suitable action, whether the posts are to be advertised or 50% posts are to be filled up through promotions after amending the recruitments rules, if the Government feels that there is some lacunae in the Rules of 1973 for the recruitment and promotion on subject-wise, after suitable amendment, may frame rules and thereafter may fill the vacant posts as per the policy in accordance with law. 10. With aforesaid direction this writ petition is dismissed.