WP(C) 345/2011 BEFORE THE HON’BLE MR.JUSTICE U.B. SAHA The instant writ petition has been filed by the petitioners, for quashing the no tice dated 9.12.2010 (Annexure-3 to the writ petition) by which the petitioners have been prevented from appearing in the interview on 05.02.2011, 07.02.2011 an d 08.02.2011 along with interim prayer. Heard Mrs. R Phukan, learned counsel appearing for the petitioners as well as Mr . SK Das, learned Standing Counsel for the Education Department who enters at th is motion. As the respondents have appeared through the learned counsel, issuanc e of notice is not called for. As agreed to by the learned counsel for the parties and considering the fact tha t the issue involved in this case is wholly covered by a Division Bench decision of this Court dated 17.09.2010 in WP(C) 5076/2010 and by a decision of a coordi nate Bench of this Court dated 12.1.2011 in WP(C) 184/2011 as well as by a subse quent decision of this Court in WP(C) 298/2011, this petition is taken up for fi nal disposal at the motion stage. The petitioners in this writ petition are admittedly the graduate teachers in th eir respective schools as mentioned in para 4 of the petition. Their main grieva nce is that the authorities denied them from appearing in the interview which wo uld be held for the post of headmaster/headmistress in different schools in Assa m on the ground that they are not eligible for appearing in the interview board being they have no degree of B.Ed./BT though the same is not the eligible requir ement according to the petitioners. Mrs. Phukan, learned counsel for the petitioners while urging for the relief sou ght for placed reliance on a decision of the coordinate Bench of this Court date d 12.1.2011 passed in WP(C) 184/2011 wherein this Court while disposing of the w rit petition stated inter alia, that direction cannot be given by the Court for allowing the petitioners to participate in the selection process for appointment of head master/head mistress in pursuance to the advertisement dated 02.11.2010 and the notice dated 09.12.2010 which shows that selection is scheduled in Febr uary, 2011 in respect of schools in Golaghat district. The coordinate Bench also noted that the petitioners shall not preclude from applying to the competent au thority for relaxation of the criteria and in the event the petitioners shall fi le their applications and the same be considered expeditiously, so that in the e vent relaxation is considered, the petitioners can participate in the scheduled selection process. According to Mrs. Phukan, the case in hand is squarely covere d by the decision of the coordinate Bench of this Court as stated in WP(C) 184/2 011. Mr. Das in usual fairness conceded to the submission of Mrs. Phukan and submitte d that the petitioners may be directed to approach the appropriate authority and authority will consider the same in accordance with law. In view of the aforesaid submissions of the learned counsel for the parties, thi s writ petition is disposed of with a direction to the petitioners to approach t he Commissioner and Secretary, Government of Assam, Education Department, respon dent No. 1 herein, by way of filing representation on or before 28.01.2011 and upon receipt of the same the respondent No. 1 shall consider and dispose of the same by a reasoned order within 03.02.2011. While considering the representation of the petitioners, the respondent No. 1 shall also take note of the decision o f Division Bench of this Court in WP(C) 5076/2010 so that, if the prayer for re laxation is granted, the petitioners can avail the opportunity of appearing in t he interview for the post of headmaster/headmistress as prayed for in the writ p etition. Copy of this order be furnished to the learned counsel for the parties by 27.01. 2011.