WP(C) 6756/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. D. Das, learned counsel for the petitioners and Mr. M. Khataniar, lear ned Standing Counsel, Education Department appearing for all the respondents. The petitioners by the present petition have challenged the advertisement dated 2nd November, 2010 (Annexure-C) and the notice dated 9th December, 2010 (Annexu re-E) both issued by the Director of Secondary Education, Assam-cum-Member Secre tary, State Selection Board, Assam for the purpose of filling up of the posts of Headmasters/Headmistresses of different provincialised High Schools in the Stat e of Assam, on the ground that though the petitioners are working as in-charge H eadmasters/Headmistresses in different schools in Lakhimpur District, Assam, by the impugned advertisement as well as by the impugned notice they have been depr ived from appearing for selection for appointment as Headmasters/ Headmistresses on regular basis in the High Schools. It has also been contended by the petiti oners that since their application pursuant to the advertisement dated 2nd Novem ber, 2010 have been accepted, they may be allowed to appear in the selection tes t scheduled to be held from 24th December, 2010 to 18th February, 2011, so that they are not deprived from being considered for selection. The aforesaid advertisement dated 2nd November, 2010 has been issued, amongst ot hers to fill up the posts of Headmasters /Headmistresses in different provincial ised High Schools in Assam under the provisions of Assam Secondary Education (Pr ovincialised) Service Rules, 2003 (in short, 2003 Rules ). Rule 14(4) of the s aid Rules provides the eligibility for the post of Headmaster/Headmistress. It provides that the minimum qualification for the post of Headmaster/Headmistress shall be graduate in Arts, Science or Commerce with B.T. or B. Ed. Degree. The a dvertisement dated 2nd November, 2010 also stipulates that the minimum qualifica tion shall be graduate in Arts, Science or Commerce with B.T./B.Ed. Degree and h aving 10/12 years of teaching experience of graduate teachers, which is inconfor mity with the requirement of Rule 14(4) of the 2003 Rules. The petitioners admi ttedly do not have the B.T./B. Ed. Degree and hence under the Rules they are not qualified. It also appears that by Rule 30 of 2003 Rules, the Government has been empowered to dispense with or relax the requirement of these Rules to such extent and sub ject to such conditions as it may consider necessary for dealing with the case i n a just and equitable manner, if it is satisfied that the operation of any of t hese Rules causes undue hardship in any particular case, for which the petitione rs are yet to approach the authority. The challenge made to the advertisement dated 2nd November, 2010 relating to the educational qualification of B.T./B. Ed. Degree cannot be entertained as the sa me has been issued strictly in conformity with the requirement of Rule 14(4) of the 2003 Rules. In view of the aforesaid discussion, the present petition is disposed of with li berty to the petitioners to approach the appropriate authority praying for relax ation of the qualification and, in case such applications are filed, the same sh all definitely be considered and disposed of by the authority in accordance with law and as expeditiously as possible, so that if the relaxation is given in exe rcise of the power conferred by Rule 30 of the 2003 Rules, the petitioners are n ot deprived from participating in the selection process. The writ petition is accordingly disposed of. No cost.