1. The above two cases having arisen from same set of facts and are inter-dependent, I propose to dispose of them by this common judgment. 2. The petitioner is a registered association of All Bodoland Autonomous Council Lower Primary School English and Mother Tteachers, Kokrajhar. After the Bodoland Autonomous Council Act, 1993 was enacted the interim bodoland executive council formulated education policy for the autonomous district. According to that policy one mother teacher for each provincialised/recognized L.P, School in autonomous council area shall be appointed at a fixed pay of Rs. 500 with effect from 1.1.1997. Similarly, one English L.P.T. school teacher for each such school at a fixed pay of Rs. 900 shall be appointed with effect from the same date. Pursuant to that policy the said interim council constituted Sub-Divisional Advisor Boards to select mother teachers and English teachers. The council appointed persons selected by the said board as English teacher and mother teacher in terms of the education policy aforementioned. In the letter of appointment of such teachers it has been clearly provided that they have been appointed against 'non-sanctioned' post and payment of salary would depend upon availability of fund. Such teachers received their pay only for initial period of two months. Thereafter, their pay was withheld for undisclosed reason. Aggrieved by such arbitrary action they filed WP(C) No. 5700 of 2002, WP(C) No. 5701 of 2002 seeking a direction to the respondents to pay their salaries. By a common judgment and order dated 26.3.2004 the State of Assam and the newly constituted Bodoland Territorial Council ('ETC') were directed to release the salaries of the petitioner, both arrear and current, within a period of three months from the date of furnishing the certified copy of the judgment. A further direction was given to the State Government and the ETC to sit together and address the grievance of the petitioners by taking a decision on the issue. 3. The grievance of the petitioners is that' the said direction was not complied with forcing them to file a contempt petition against the respondent concerned. A further direction was given to the State Government and the ETC to sit together and address the grievance of the petitioners by taking a decision on the issue. 3. The grievance of the petitioners is that' the said direction was not complied with forcing them to file a contempt petition against the respondent concerned. However, after the judgment in the above two writ petitions was rendered on 26.3.2004 directing the respondents to release the salary, if payable, to the petitioners, both arrear and current, the ETC by an order dated 12.11.2004 terminated the services of all the mother teachers, English teachers and other employees for which no posts were sanctioned by the Government of Assam. It was further decided and expressed in the said order that ETC would not be liable to pay salary to persons appointed against such non-existent and non-sanctioned post. This order dated 12.11.2004 has been put under challenge in WP(C) No. 41571 of 2005. 4. On 6th December, 2005 the Director of Education, ETC published an employment notice in the newspaper inviting applications for certain vacant posts of Assistant teacher, Science graduate teacher, Hindi teacher, Arabic teacher, Sanskrit teacher, L.D. Assistant and Gr. IV posts for provincialised/Middle/High/Higher Secondary school under the ETC. It has been provided in the said notice that "those candidates who have got hon'ble courts orders to the effect that the Commissioner and Secretary to the Government of Assam, Secretary, ETC or the Director of Education, ETC would consider their cases for appointment at the time of regular appointment must apply in response to advertisement for consideration of their appointment.". 5. By WP(C) No. 307 of 2006 the petitioner have challenged the said advertisement on the ground that when the order of termination is under challenge the said advertisement to fill up the posts held by the petitioners is not legally tenable. 6. I have heard learned counsel for the parties. 7. The limited prayer in the WP(C) 4171 of 2005 is to set aside and quash the order of termination passed on 12.11.2004. There is no denying the fact that the mother teachers and English teachers were appointed against 'non-sanctioned' posts which is not only highly irregular but also without authority. Such an act on the part of the interim council is not sustainable in law. There is no denying the fact that the mother teachers and English teachers were appointed against 'non-sanctioned' posts which is not only highly irregular but also without authority. Such an act on the part of the interim council is not sustainable in law. Unless there are sanctioned posts, there cannot exist budget provision for the same to meet the expenditure on account of salaries and allowances of persons appointed as mother teachers and English teachers. This has resulted to failure of the interim council to pay salaries to the said teachers after initial period of two months. Learned counsel for the petitioner has placed a long argument to contend that appointment of teachers and other employees under the district council is within the exclusive domain of the council, as would appear from the Bodoland Autonomous Council Act, 1993 itself. The said Act allotted 38 subjects under the control and administration of the autonomous council. The policy formulated by the interim council had no doubt a provision that every such school would be provided with a mother teacher and English teacher and to implement that policy the members of the association, the petitioners herein, were appointed. Though the interim council was free to adopt such a policy, it was also its responsibility to make suitable provision for creation of posts and adequate fund before proceeding to appoint persons as mother teacher and English teacher. The said council appears to have acted in haste without realizing that implementation of such policy cannot be done in the manner it was sought to be done by appointing person before creation of posts and making funds available. Policy itself docs not confer power to appoint against nonexistent post, more so when no adequate fund which was to flow from the State budget was available. A perusal of the Bodoland Autonomous Council Act, 1993 would show that the budget of the autonomous council shall be a component of the State budget meaning thereby that the fund for the council would flow from the consolidated fund of the State. This being the position, it was unbecoming on the part of the interim council to appoint petitioners without obtaining sanction for creation of posts from the State Government. 8. The order of termination issued on 12.11.2004, thus, has no illegality and infirmity calling for interference by this court. Such order should have been issued much before. This being the position, it was unbecoming on the part of the interim council to appoint petitioners without obtaining sanction for creation of posts from the State Government. 8. The order of termination issued on 12.11.2004, thus, has no illegality and infirmity calling for interference by this court. Such order should have been issued much before. However, the respondents concerned shall be duty bound to comply with the direction of this court passed in the earlier writ petitions, which is again stated to be the subject-matter in a contempt proceeding. 9. As in the impugned advertisement which has been challenged in WP(C) No. 307 of 2006 there is no mention of any post of mother teacher or English teacher and as the candidates who obtained certain order from the High Court have been permitted to apply for the posts advertised, I do not find any illegality in the same. 10. For the reasons and discussions aforementioned, both the writ petitions are devoid of any merit and accordingly the same are dismissed without any order as to cost.