WP(C) 184/2011 BEFORE THE HON’BLE MR JUSTICE HRISHIKESH ROY The petitioners, who are serving as In-charge Headmaster/Headmistress of differe nt schools under Golaghat Sub-Dvn. since last few years, are aggrieved by the qu alification stipulated in the advertisement dated 2.11.2010 (Annexure-3) for fil ing up of the posts of the Headmasters of the schools as per the provisions of A ssam Secondary Education (Provincialised) Service Rules, 2003 (hereinafter refer red to as the Rules ). The petitioners contend that they will be deprived of an opportunity to be appointed as the regular Headmistress because they do not hav e the BT/B.Ed qualification prescribed in the advertisement. The learned counsel submits that Rule-30 of the Rules provides for relaxation of the Rules in the event of hardship being caused to a candidate and in this case the petitioners having already served as In-charge Headmaster/Headmistress for last few years, should be allowed to participate in the regular selection proce ss, by relaxing the educational qualification criteria. In support of her conten tion, a decision of this court rendered on 21.12.2010 in WP(C) No. 6783/2010 (Ja igeswar Saikia vs. State of Assam & ors.) is produced by the petitioner. Mr. M. Khataniar, learned standing counsel, Education Department, on the other h and submits that the petitioners are yet to apply for relaxation under the Rules . However, the learned standing counsel is not opposed to considering the petiti oners’ claim for relaxation, if applications are filed immediately by the petiti oners. Considering the above and having regard to the earlier decision of the Court in Jaigeswar Saikia (Supra), I am of the view that direction cannot be given by the Court for allowing the petitioners to participate in the selection process for appointment of Headmaster/Headmistress in pursuant to the advertisement dated 2. 11.2010 and the notice dated 9.12.2010 which shows that selection is scheduled o n February, 2011 in respect of schools in Golaghat district. It is declared acco rdingly. Nevertheless, the petitioners are not precluded from applying to the competent a uthority for relaxation of the criteria. In the event the petitioners file their applications, the same be considered expeditiously, so that in the event relaxa tion is considered, the petitioners can participate in the scheduled selection p rocess. If such an application is filed and the authority considers it to be reasonable and competent, the applications be considered. The authority may take an indepen dent decision in the matter without reference to any observation made by this Co urt in this order. The writ petition is accordingly disposed of.