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19. On the other hand Mr.Samdarshi Tiwari, learned Government Advocate submitted that the post of Area Education Officer has been created at the Sub Block Level to monitor the primary schools and middle schools which are situated in rural areas as well as in Tribal areas. It is further submitted that under the erstwhile Education Guarantee Schools 'Gurujis' were appointed who were later on upgraded to the posts of Samvida Shala Shikshaks and were further upgraded to the post of 'Adhyapaks'. It is also submitted that after commencement of Right to Education Act, 2009 the Education Guarantee Centres were converted to primary schools. Thus, Upper Division Teachers as well as Head Masters and 'Adhyapaks' of local bodies cadre, who are already working in rural areas, are well conversant with the local conditions and, thus, are better equipped to perform the duties of Area Education Officer. Accordingly, the State Government has taken a conscious decision to fill up the post of Area Education Officer by limited examination, as the person who is not in the system, may not be able to perform duties of the post in question in the remote rural areas and tribal areas. It is also pointed out that neither any writ petition has been filed by Upper Division Teacher or Head Masters of any private schools nor any ground with regard to propriety of holding the limited examination has been raised in the petitions. It is also urged that there is no merger of cadres and only an opportunity is being afforded to participate in the process of recruitment to the post in question, to the Head Masters of Middle School, Upper Division Teachers as well as 'Adhyapaks' of local bodies cadre. While inviting our attention to M.P. Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1997, M.P. Municipality Shiksha Karmi (Recruitment and Conditions of Service) Rules. 1998, M.P. Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005, M.P. Nagariya Nikaya Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 and M.P. Panchayat Adhyapak Samvarg (Employment and Condition of Service) Rules, 2008, it is urged that qualifications prescribed for the post held by the persons governed under the aforesaid Rules are similar to that of their counter parts in government schools and nature of their duties is also similar to their counter parts in government schools. Thus, the inclusion of 'Adhyapaks' of local bodies cadre in the recruitment process cannot either be termed as arbitrary or discriminatory.

30. It is well settled in law that power of creation of posts rests, with the State Government and whether a particular post is necessary is a matter which depends upon exigencies of situation and administrative necessity. [See: State of Haryana vs. Navneet Verma, (2008) 2 SCC 65]. It is equally settled legal proposition that power to reorganize the cadre is a policy deicision which is not open to judicial review unless it is malafide, arbitrary or bereft of any discernible principle. [See: Director Lift Irrigation Corporation vs. P.K.Mohanty, (1991) 2 SCC 295.]. In P.U.Joshi (supra) it has been held that questions relating to the constitution, parttern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotion and criteria to be fulfilled for such promotion pertain to the field of policy and is within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions envisaged in the Constitution of India. It has further been held that State Government is well within its right to amend the Rules to constitute different categories of posts or cadres and to reconstitue and restruture the pattern and cadres/ categories of service as may be required from time to time by abolishing the existing cadres/posts and creating new cadres/posts.

32. Now, we may deal with the grievance of the Lecturers that by permitting the Head Masters, Upper Division Teachers, 'Adhyapaks' of local body cadres to participate in the process of recruitment for the post of Area Education Officer, they are being treated at par with the Lecturer and would compete with the Lecturers for promotion to the post of Principal, High School. In substance, the grievance of the petitioners, who are Lecturers, appears to be that their chances of promotion are diminished. The aforesaid submission looks attractive at the first blush, however on a deeper probe, the same does not deserve acceptance. Taking into account the nature of duties performed by the Lecturer, Higher Secondary School as well as the qualification prescribed, the post of Lecturer is a higher post than that of Area Education officer. The Lecturer, Higher Secondary School on completion of 5 years is entitled to be considered for promotion to the post of Principal, Higher Secondary School, whereas the Area Education Officer is required to have 5 years experience on the post in order to be eligible for consideration for promotion to the post of Principal, High School. It is pertinent to mention here that quota has also been prescribed for promotion to the post of Principal, High School under the executive instructions and suitable amendment in the Rule will be made by the State Government, as has been stated before us. The aforesaid quota provides that the post of Principal High School shall be filled in by promotion to the post to the extent of 75%. Out of aforesaid 75%, 50% post shall be filled up from the cadre of Lecturers, High School and remaining 25% posts shall be filled up from the cadre of Area Education Officers. The remaining 25% post of Principal High School shall be filled up by direct recruitment, in which, Lecturers of Higher Secondary as well as 'Varishtha Adhyapaks' can participate.

33. Thus, two cadres have been constituted for promotion to the post of Principal, High School. The post of Principal, High School is an administrative post. There is need of persons having administrative experience as well as teaching experience. The post of Principal, High School is sought to be filled up by two different cadres i.e. Area Education Officers and the Lecturers and separate quota, as stated above, has also been prescribed for them. For the post of Principal, High School, mixed cadre is sought to be prepared of the persons who have administrative and teaching experience. It is well settled in law that government can provide two cadres for promotion to the post. Reference in this connection may be made to the case of Dwarka Prasad and others vs. Union of India and others, (2003) 6 SCC