WP(C) 3386/2008 BEFORE HON’BLE TMR JUSTICE AMITAVA ROY Heard Mr DK Sarma, learned counsel for the petitioners. Also heard Mr MR Pathak, learned Standing counsel, Education Department. Considering the relief prayed for, this petition is being disposed of at the motion stage. The petitioner, who had been appointed as an Assistant Teacher in Hindi Higher Secondary School(hereafter referred to as the ’School’) on 9.10.1998 was allowed to serve against the post of Subject Teacher in Political Science , the same having fallen vacant on the demise of its earlier incumbent. The petitione r claims to be the seniormost Asstt. teacher and eligible in all respects for b eing appointed as a Subject Teacher in the school. He is before this Court with the grievance that though having regard to his eligibility and suitability he ha s a right to be upgraded to the said post, the respondent authorities are mainta ining an inexplicable indifference in the matter. Mr Sarma has reiterated the above and has prayed for a writ of mandamus to the respondents for upgradation of the petitioner to the post of Subject T eacher in Political Science in the school on regular basis. Mr Pathak points out that as the post involved has to be filled up in a ccordance with the procedure prescribed by the Assam Secondary Education (Provin cialised)Service Rules,2003, the claim for upgradation is per se unsustainable in law. He however, submits that in terms of the Rules, a serving teacher is en titled to some preference as contemplated therein. Upon hearing the learned counsel for the parties and on a consideration of the pleaded facts and the documents annexed to the petition, this Court consi ders it expedient to close this petition with a direction to the respondents to fill up the post of Subject Teacher in Political Science in the school strictly in accordance with the relevant rules. Needles to say that if the petitioner , having regard to his service profile is entitled to a preferential weightage in terms of the Rules, applicable he would be provided with the same subject to hi s participation in the selection process. No costs.