WP(C) 6915/2010 BEFORE THE HON’BLE MR JUSTICE HRISHIKESH ROY The petitioner, who is serving as In-charge Headmistress of Chinatolia High Scho ol since 31.10.2000, is aggrieved by the qualification stipulated in the adverti sement dated 2.11.2010 (Annexure-2) for filing up of the posts of the Headmaster s of the schools as per the provisions of Assam Secondary Education (Provinciali sed) Service Rules, 2003 (hereinafter referred to as the Rules ). The petitione r contends that she will be deprived of an opportunity to be appointed as the re gular Headmistress because she does not have the BT/B.Ed qualification prescribe d 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 petitioner having already served as In-charge Headmistress for last 10 year s, should be allowed to participate in the regular selection process by relaxing the qualification criteria. In support of her contention, a decision of this co urt rendered on 21.12.2010 in WP(C) No. 6783/2010 (Jaigeswar Siakia 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 petitioner is yet to apply for relaxation under the Rules. However, the learned standing counsel is not opposed to considering the petition er’s claim for relaxation, if an application is filed immediately by the petitio ner. Considering the above and having regard to the earlier decision of the Court in Jaigeswar Saikia (Supra), I am of the view that no direction can be given by the Court for allowing the petitioner to participate in the selection process for a ppointment of Headmistress in pursuant to the advertisement dated 2.11.2010 and the notice dated 9.12.2010 which shows that selection is scheduled on February, 2011 in respect of schools in Golaghat district. It is declared accordingly. Nevertheless, the petitioner is not precluded from applying to the competent aut hority for relaxation of the criteria In the event the petitioner files her appl ication, the same be considered expeditiously, so that in the event relaxation i s considered, the petitioner can participate in the scheduled selection process. If such an application is filed and the authority considers it to be reasonable and competent, the application be considered The authority may take an independe nt decision in the matter without reference to any observation made by this Cour t in this order. The writ petition is accordingly disposed of.