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. 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

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