WP(C) 759/2011 BEFORE THE HON’BLE MR. JUSTICE U.B. SAHA The instant writ petition is filed by the two petitioners, namely- Nabakishore S harma and Nurul Islam Choudhury, challenging the Assam Secondary Education (Prov incialised) Service Rule, 2003 as ultra vires of the Constitution of India and a lso to issue writ of mandamus directing the respondent Nos.1 and 2 to make B.T/B . Ed. Degree as compulsory degree for all categories of teachers in Higher Secon dary and High Schools with a further prayer to allow the present petitioners and other similarly situated Assistant Teachers who have holding the charge as In-c harge Head Master a reasonable period of time to enable them to acquire the said B.T./B. Ed. Degree. The writ petition was placed before a Division Bench of this Court as th e vires of the provisions of Rule of Assam Secondary Education (provincialised) Service Rules, 2003 was challenged and the Division Bench vide its order dated 2 1.12.2010 remitted the matter to the Single Bench for deciding the second prayer as the petitioner did not press the first prayer. Dr. B. Ahmed, learned counsel for the petitioners submits that the insta nt case if fully covered by the decision of this court dated 21.12.2010 passed i n W.P.(C) 6756 of 2010 wherein this Court while dealing with the similar matter allowed the petitioner in that case to approach the appropriate authority prayin g for relaxation of the qualification and in case, such applications are filed, the same shall definitely be considered and disposed of by the authority in acco rdance with law and as expeditiously as possible so that if the relaxation is gi ven in exercise of the power conferred by Rule 30 of the 2003 Rules, the petitio ners are not deprived from participating in the selection process. Mr. M. Khatoniar, learned Standing Counsel, Education Department appeari ng for the respondent Nos.1,2 and 3 submits that the interview of Hailakandi dis trict for the post of Headmaster/Assistant Headmaster, Superintendent and Assist ant Superintendent of provincialised Higher Secondary/Higher Secondary and multi purpose/Madrasa schools has already been expired on 24.12.2010. Therefore, even if the petitioners are allowed to apply to the authority concerned for relaxatio n of Bt/B.Ed degree, they would not be in a position to appear in the interview and on that ground itself, the petitioners are not entitled to get any relief as sought for. Upon going through the records available and decision of this Court as stated su pra, this Court is of considered opinion that as the date of interview has alrea dy been expired, as informed by the learned Standing Counsel of the Education De partment, it would not be proper for this Court to give any direction to the aut hority to allow the present petitioners to sit for the interview. However, if th ey are willing to make a prayer for relaxation from the authority under Rule 30 of the Assam Secondary Education (Provincialised) Service Rules, 2003, then they may apply to the authority concerned and the respondents’ authorities will cons ider the same in accordance with law. With the above, the writ petition is disposed of. The aforesaid order is passed as agreed to by the learned counsel for the partie s. No order as to costs.