WP(C) 4045/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI JUDGEMENT AND ORDER (O R A L) Heard Mr. K. K. Phukan, learned counsel for the writ petitioner. Also h eard Mr. A. Lall, learned Standing counsel, Education Department, Government of Assam, appearing on behalf of respondent Nos. 1, 2 and 3. 2. The case of the petitioner is, in brief, thus: The petitioner joined, o n 01.06.1978, as an Assistant Teacher, in Pathalibam ME School, in the district of Dibrugarh, Assam. He became a Senior Graduate Teacher on 01.06.1991 and join ed as the Headmaster of Pathalibam ME School on 01.02.1999. The said Pathalibam ME School was amalgamated with Pathalibam High School on 06.06.2005 and, on the amalgamation, the petitioner was allowed to function as Assistant Head Master ( Academic), in Pathalibam High School, with effect from 12.12.2005. On the retir ement of the Head Master of the said Pathalibam High School on 31.03.2007, the p resent petitioner joined as i/c Head Master in the said High School on 04.05.200 7. As the process of selection of a regular Head Master for the said High Scho ol has been set in motion and the petitioner has not been called for taking part in the selection process, the petitioner, aggrieved by the action of the respon dents/authorities concerned in not calling the petitioner to appear, in the inte rview, for the post of Head Master, the petitioner has filed this writ petition claiming that he has the right to be called to participate, in the selection pro cess, for the post of Head Master of the said High School. 3. In support of his contention, the petitioner relies on sub-Rules (3) and (4) of Rule 14 of the Assam Secondary Education (Provincialised) Service Rules, 2003 (hereinafter referred to as ’2003 Rules’). For the sake of clarity, the r elevant provisions of the said sub-Rules are reproduced below: Sub-Rule (3) The post of Assistant Head Master/Asstt. Head Mistress/Assistant S uperintendent shall be filled up by promotion from the school-wise seniority lis t of Assistant Teachers on recommendation of the State Selection Board. The sel ection shall also be based upon satisfactory Annual Confidential Report for last 3 years and seniority of service in graduate scale of pay with a minimum 7 year s of teaching experience. In case of amalgamated High School the Head Master/Head Mistress of the ME Schoo l is eligible for selection as Assistant Head Master/Asstt. Head Mistress subjec t to condition that - (i) the incumbent should have at least 5 years of teaching experience in M.E. S chool if he/she is the founder Head Master/Head Mistress of the ME School. (ii) The incumbent should have at lest 10 years of teaching experience in ME Sch ool if he/she is not the founder Head Master/Head Mistress of the ME School. The seniority shall be determined as per provision of Rule 24(2). (4) Eligibility for the post of Head Master/Head Mistress/Superintendent/Assista nt Head Master/Asstt. Head Mistress/Asstt. Superintendent of High/High Madrassa School as the case may be - (i) The minimum qualification for the post of Head Master/ Head Mistress/Superin tendent/Assistant Head Master/Asstt. Head Mistress/Asstt. Superintendent shall b e graduate in Arts, Science or Commerce with B.T. or B.Ed. degree. (ii) He/She must possess at least 10 years of teaching experience as Graduate Te acher; (iii) He/She must possess at least seven years of teaching experience as Graduat e Teacher to be an Assistant Head Master/Head Mistress/Asstt. Superintendent. 4. Referring to, and relying upon, the provisions of sub-Rule (3) of Rule 1 4, it is contended, on behalf of the petitioner, that as the Head Master of the Pathalibam ME School, the petitioner became eligible for appointment as Assistan t Head Master in the amalgamated Pathalibam High School and he is, therefore, el igible for selection and appointment to the post of Head Master of the said scho ol too. 5. There is, really, no dispute, at this stage, with regard to the petition er’s contention that, on amalgamation of Pathalibam High School with the Pathali bam ME School, the petitioner, being the Head Master of the amalgamated Pathalib am ME School, became eligible for appointment as Assistant Head Master in the am algamated High School. However, the question, which arises for consideration is : Whether a person, who is, otherwise, eligible for promotion to the post of Ass istant Head Master, in a High School, would also necessarily be eligible for pro motion to the post of Head Master of the High School ? 6. The quest for an answer to the above question brings us back to sub-Rule (4) of Rule 14, which prescribes the qualifications for appointment to the post of Head Master/Head Mistress/Superintendent/Assistant Head Master/Asstt. Head M istress/Asstt. Superintendent of High/High Madrassa School, etc., as follows: (i) The minimum qualification for the post of Head Master/ Head Mistress/Superi ntendent/Assistant Head Master/ Asstt. Head Mistress/Asstt. Superintendent shall be graduate in Arts, Science or Commerce with B.T. or B.Ed. degree. (ii) He/She must possess at least 10 years of teaching experience as Graduate Te acher; (iii) He/She must possess at least seven years of teaching experience as Graduat e Teacher to be an Assistant Head Master/Head Mistress/Asstt. Superintendent. [Emphasis added] 7. From a careful reading of sub-Rule (4) of Rule 14 of 2003 Rules, it beco mes clear that every Assistant Head Master is not eligible for promotion/appoint ment to the post of Head Master of High/High Madrassa School inasmuch as one has to have, besides being a graduate in Arts, Science or Commerce, B.T. or B.Ed. d egree as the minimum qualification for the purpose of promotion, and/or appointm ent, to the post of Head Master of a High/High Madrassa School. 8. In the present case, the petitioner does not, admittedly, have B.T. or B .Ed. degree and, therefore, in terms of Rule 14 (4) of the 2003 Rules, the petit ioner is not eligible for promotion to the post of Head Master of a High School. The fact that the petitioner is presently holding the post of Assistant Head M aster and/or that he has been functioning as i/c Head Master of the said High Sc hool is immaterial so long as he does not possess the pre-requisite qualificatio n for being promoted/appointed to the post of Head Master of a High School as pr escribed by Rule 14 (4) of the 2003 Rules. Since the petitioner does not fulfil l the criteria, as indicated hereinbefore, for appointment/ promotion to the pos t of Head Master of the said High School, the respondents/authorities concerned cannot be held to have committed any illegality in not calling the petitioner, a s a candidate, for selection and appointment to the post of Head Master of Patha libam High School. 9. Situated thus, it is clear that the impugned action of the State respond ents/authorities concerned, in not calling the petitioner for the interview, in question, does not suffer from any infirmity, factual or legal. This writ petit ion is, therefore, not admitted and the same shall accordingly stand dismissed. 10. No order as to costs.