WP(C) 7929/2003 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA All the writ petitions pertain to selection and appointment to the post of Post Graduate teacher in Higher Secondary Schools. They have been heard toget her and are being disposed of by this common order. While in WP(C) 7652/2003 and WP(C) 7654/2003, the petitioners have praye d for their upgradation from the post of graduate teacher to that of post gradua te teacher in the respective subjects on the basis of their requisite qualificat ion and setting aside of the advertisements issued for the posts, in WP(C) 7929/ 2003, the petitioner has prayed for setting aside and quashing of the advertisem ent dated 8.2.2003 (Annexure-C) by which applications were invited for the post of post graduate teacher (Economics). According to the said petitioner, since as graduate teacher, he has been drawing higher salary and for the higher post of post graduate teacher, only a fixed salary which was less then that what the pet itioner has been drawing, he did not respond to the advertisement. It is the app rehension of the petitioner that in due course, the selected candidate for the p ost of post graduate teacher appointed on fixed pay would get regularization of service and consequently would be paid salary in the time scale of pay attached to the post of post graduate teacher. It is on this count, the petitioner has ch allenged the advertisement. There is interim stay in all the writ petitions, pursuant to which the i mpugned advertisement could not be given effect to. In the 4th writ petition i.e. WP(C) 3398/2004, the prayer of the petitio ner is to give him upgradation to the post of post graduate teacher in Assamese, which according to the petitioner is lying vacant in the School in which he has been serving as graduate teacher. From the above, what is seen is that the petitioners involved in WP(C) 7 652/03 ; WP(C) 7654/2003 and WP(C) No. 3398/2004 are seeking upgradation from th e post of graduate teacher to that of post graduate teacher. In this connection, the petitioners have referred to the Assam Secondary Education (Provincialised) Service Rules, 2003. Rule 7 of the said rules makes provisions for recruitment to the post of post graduate teacher of provincialised Higher Secondary Schools and selection procedure thereof. Under Rule 7(2)(b)(ii), graduate teacher with p ost graduate degree in relevant subjects of the same School will get preference in selection for appointment of post graduate teacher. According to the petitioners, they being the serving graduate teachers o f the respective Schools with requisite qualification for being appointed as pos t graduate teacher, they are entitled to get preference in terms of the said rul es. In WP(C) 3398/2004, the prayer of the petitioner is to grant him automat ic upgradation in view of his requisite qualification for being appointed as pos t graduate teacher. The claim so made is on account of his service as graduate t eacher in the school. I have heard Mr. A.R. Sikdar, learned counsel for the petitioners in WP( C) No. 7652/03 and WP(C) 7654/03 as well as Mr. S. Kataki, learned counsel for p etitioner in WP( 7929/2003. I have also heard Mr. M. Kalita, learned counsel rep resenting the petitioner in WP(C) 3398/2004. Ms. P. Chakraborty as well as Ms. B . Chakraborty, learned Standing Counsels, Education Department, have also advanc ed their arguments. As noted above, in WP(C) 7652/2003 & WP(C) No. 7654/2003, the prayer of the petitioners is to consider their case in terms of the aforesaid rules to get preference to the serving graduate teachers in the matter of appointment to the post of post graduate teacher. Such preference is required to be given to the s erving graduate teachers who possess the requisite qualification. Having regard to the prayer made in the writ petitions, the said 3 (thre e) writ petitions are disposed of providing that while conducting the selection following the due procedure, the selection committee shall take into account the aforesaid provisions of the rules and proceed accordingly. So far as the 4th wr it petition is concerned i.e. WP(C) 3398/2004, no direction can be issued for au tomatic upgradation of the petitioner to the post of post graduate teacher as th e recruitment rule does not provide for such automatic upgradation. The petitio ner will have to earn his promotion / appointment to the post of post graduate t eacher through selection. In the event of making such selection, the petitioner will be at liberty to participate in the same. With the above directions and observations, all the writ petitions are d isposed of. Since a considerable period of time has elapsed from the dates of th e impugned advertisements, which are also under order of stay in this proceeding . It will be appropriate for the respondents to conduct a fresh selection on the basis of fresh advertisement. There shall be no order as to costs.