ORDER Per: Justice Vivek Rusia 1. Regard being had to the similitude in the controversy involved in the present cases, with the joint request of the parties, these appeals are finally heard and decided by this common order. Facts of Writ Appeal No.909 of 2018 are narrated hereunder: 2. The State of Madhya Pradesh and two others have filed this writ appeal against the judgment dated 15.3.2018, in which the Writ Court allowed Writ Petition No.2595 of 2017 by directing appellants to post and absorb respondent No.1 in any other non-government-aided institution with 50% back wages. The facts of the case in short are as under: 3. Respondent No.1 was working as an Assistant Teacher in the school run by respondent No.2 which was a Non-Government educational institution, but receiving a grant-in-aid from the State Government. The State Government discontinued the grant-in-aid w.e.f. 28.4.2016 because of which respondent No.2 decided to close down the school permanently, resulting in respondent No.1 being jobless. Respondent No.1 approached the Writ Court by way of writ petition inter alia on the ground that he has rendered 35 years of service and suddenly became unemployed because of stoppage of the grant-in-aid by the State Government, he is liable to be absorbed in any other non-Government educational institution which is receiving the grant-in-aid from the Government. 3. The appellants being respondents filed a detailed and exhaustive reply submitting that there is no statutory provision in existence under which respondent No.1 can be absorbed in any other Government aided educational institution, therefore, in the absence of any statutory or constitutional vested right, no writ could be issued. 4. The Writ Court vide order dated 15.3.2018 has allowed the writ petition by placing reliance on a judgment passed by Indore Christian College Indore v. State of M.P. in Writ Petition No.10124 of 2010 decided on 21.11.2011 has directed appellant (therein) to absorb the respondent No.1 in some other school receiving grant-in-aid with 50% back wages. Hence, this writ appeal before this Court. We have heard learned counsel for the parties and perused the entire record. 5. It is a settled position of law that unless there is a statutory right in favour of the petitioner, no writ of mandamus can be issued by the High Court. Hence, this writ appeal before this Court. We have heard learned counsel for the parties and perused the entire record. 5. It is a settled position of law that unless there is a statutory right in favour of the petitioner, no writ of mandamus can be issued by the High Court. The Madhya Pradesh Legislature had passed an act in the name of the Madhya Pradesh Shaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmchariyo Ke Vetano Ka Sandaya) Niyam, 1978 (hereinafter referred as "Niyam, 1978") for regulating the payment of salaries to the teachers and other employees of Non-Government Educational Institutions for Higher receiving grant-in-aid from the State Government and the nonGovernment Educational Institution for higher education receiving grantin-aid from Madhya Pradesh Uchcha Shiksha Anudan Ayog and other matters ancillary thereto. This act is made applicable to all the institutions falling under Clause (e) of sub-section (2) excluding the institution established, administered and managed by the Central Government, State Government, local authority, etc. 6. There are two categories of persons working in the institution one ''Employee'' as defined under sub-Section 2(d) and another ''Teacher'' as defined under sub-section (2)(i). As per the definition, a teacher of an institution in respect of whose employment maintenance grant is paid by the State Government or the Ayog, as the case may be, to the institutions and includes any other teacher employed, with the prior approval of the authority specified by the State Government in this behalf. The institution must be recognized or affiliated by the Madhya Pradesh Board of Secondary Education or any University or Ayog, as the case may be. The salary means the pay and dearness allowance for the time being payable to a teacher or an employee at the rate approved for the purpose of payment of maintenance grant. 7. Section 6 says that notwithstanding anything contained in any law for the time being in force or any rules, regulations, bye-laws, statutes, no post of a ‘teacher’ or other employee shall be created except in such scale of pay as the State Government may, from time to time, determine and no teacher or other employee shall be recruited without following the procedure prescribed in this behalf. 8. Under the aforesaid Adhiniyam, the State Government framed the Madhya Pradesh Ashaskiya Sikshan Sanstha (Adhyapakon Tatha Anya Karmchariyon ki Bharti) Niyam, 1979. 8. Under the aforesaid Adhiniyam, the State Government framed the Madhya Pradesh Ashaskiya Sikshan Sanstha (Adhyapakon Tatha Anya Karmchariyon ki Bharti) Niyam, 1979. As per rule 4, the recruitment to a post of a teacher or other employee of an Institution shall be made by one of the following methods, namely, absorption of teachers or other employees of other institutions whose services have been terminated, direct recruitment, promotion or deputation of persons either from Government or Ayog or from any other organisation approved by the Government for the purpose. 9. The entire claim of the respondent/ the writ petitioner is based on rule 4(a) as they are claiming absorption in other institutions because of the termination of the service. The Writ Court did not consider the provision of Rule 5(1) which says that where the service of a teacher or an employee is terminated by an institution whether as a result of closure of the Institution or abolition of the post, such institution shall send information in respect thereof to the concerned Education Officer and Divisional Superintendent of Education as the case may be. 10. Rules 5, 6, 7 and 8 of Madhya Pradesh Ashaskiya Sikshan Sanstha (Adhyapakon Tatha Anya Karmchariyon ki Bharti) Niyam, 1979 are reproduced below: 5. (1) Where the service of a teacher or an employee is terminated by an institution whether as a result of closure of the Institution or abolition of post or for any other reason whatsoever, such institution shall send information in respect thereof to the concerned Education Officer and Divisional Superintendent of Education in case of schools and to the Education Officer and Ayog In case of Colleges in Form 1. (2) The Education Officer, Divisional Superintendent of Education and the Ayog shall keep a record of the Information received under sub-rule (1) in a register to be maintained in Form II. Recording of name. [1] Where a teacher's services are terminated for any reason whatsoever, his name should be recorded in the register as required under the rule, 1990 (II) MPWN 153 . [2] Intimation is required to be given in the case of termination of a teacherwho was appointed for a fixed term. 1992 (II) MPWN 69 (DB). 6. In order to be eligible for direct recruitment under these rules a candidate must satisfy the following conditions, namely:- (a) He must have attained the age specified in schedule. [2] Intimation is required to be given in the case of termination of a teacherwho was appointed for a fixed term. 1992 (II) MPWN 69 (DB). 6. In order to be eligible for direct recruitment under these rules a candidate must satisfy the following conditions, namely:- (a) He must have attained the age specified in schedule. (b) He must possess the educational qualifications specified in the Schedule. 7. (1) Subject to the orders issued by the State Government from time to time, in respect of reservation of posts in services under the State Government for members of Scheduled Castes and Scheduled Tribes.- (a) Fifteen per cent and eighteen per cent of the class I and II postsspecified in the schedule shall be reserved respectively for the members of Scheduled Castes and the members of Scheduled Tribes. (b) Sixteen per cent and twenty per cent of the class III and IV posts specified in the schedule shall be reserved respectively for the members of Scheduled Castes and Scheduled Tribes. (2) If sufficient number of candidates belonging to Scheduled Castes or Scheduled Tribes, as the case may be are not available for filling the posts reserved for them under sub-rule (1) the remaining posts shall be filled from amongst the candidates other than Scheduled Castes or Scheduled Tribes. 8. (1) Where an Institution desires to fill up any vacancy of a post of a teacher or other employees, it shall make a reference to that effect to the Education Officer, the Divisional Superintendent of Education or the Ayog as the case may be, alongwith a requisition in Form III. sub-rule (1). the Education (2) On receipt of a reference under Officer, the Divisional Superintendent of Education or the Ayog, as the case may be, shall furnish information to the Institution concerned in Form IV and such information shall relate to,- (a) Person having more length of continuous service in educational institution shall be given priority over the person having lesser service at his credit; (b) A person who was permanently in service shall have priority over a person who was temporarily in service; or (c) A person whose services were terminated earlier shall have priority over a person whose services were terminated later. (3) If no suitable and otherwise qualified teacher or other employee is available, the Education Officer, the Divisional Superintendent of Education or Ayog, as the case may be, shall furnish a non-availability certificate to the Institution concerned. 11. Rule 8 says that where an institution desires to fill up any vacancy of a post of a teacher or other employees, it shall make a reference to that effect to the Education Officer, the Divisional Superintendent of Education or the Ayog as the case may be. After receipt of such information the Divisional Education Officer, the Divisional Superintendent of Education or the Ayog shall furnish the information to the Institution concerned relating to the person having more length of continuous service in an educational institution shall be given priority over the person having lesser service at his credit; a person who was permanent in service shall have priority over a person who was temporary in service and a person whose services were terminated earlier shall have priority over a person whose service was terminated later. 12. In view of the aforesaid rules, the writ petitioner has a limited right of priority in the appointment in any other educational institution and that shall be governed by rule 1(a), therefore, no writ could have been issued for giving direction to the State to absorb the writ petitioner without following the procedure prescribed under rule 5 to 8 of Niyam, 1979 because as per the priority, the teachers or employees who have been terminated earlier comes into the third category, the person having more length of continuous service in the educational institution has a priority and thereafter, the person who was permanent in service shall have a priority in service over the person who was temporary in service and third the person like respondents whose services were terminated earlier shall have a priority over the person whose services were terminated later. Therefore, Rules 5 to 8 have to be read along with Rule 4(a) conjointly. Rule 4 (a) provides the method of recruitment that shall be governed under rules 5 to 8 of the aforesaid rules. 13. Therefore, Rules 5 to 8 have to be read along with Rule 4(a) conjointly. Rule 4 (a) provides the method of recruitment that shall be governed under rules 5 to 8 of the aforesaid rules. 13. In view of the above, this Writ Appeal is allowed and the order dated 15.3.2018 passed by the Writ Court in Writ Petition No.2595 of 2017 is unsustainable and is hereby modified to the extent that the appellant shall follow the provisions of Rule 8(1) in the cases of the writ petitioners. 14. The order passed in this case shall govern the Writ Appeal Nos.1080 of 2018, 1420 of 2018 and 1122 of 2018. 15. Let a photocopy of this order be kept in all the aforesaid connected appeals. Certified copy, as per rules.