WP(C) 440/2011 BEFORE THE HON’BLE MR. JUSTICE U.B. SAHA The instant writ petition has been filed by the petitioner for quashing the noti ce dated 9.12.2010 (Annexure-C) to the writ petition by which the petitioner has been prevented from appearing in the interview from 11.2.2011 to 15.2.2011 alon g with the interim prayer. Heard Ms. K. Devi, learned counsel appearing for the petitioners as well as Mr. M.R. Pathak, learned Standing Counsel, Education Department who appears at the motion stage. As the respondents have appeared through the learned counse l, issuance of notice is not called for. As agreed to by the learned counsel for the parties and considering the fact that the issue involved in this case is wholly covered by a Division Bench of this Court dated 17.9.2010 in W.P.(C) No.5076 of 2010 and also by a Co-ordina te Bench of this Court dated 12.1.2011 passed in W.P.(C) No.184 of 2011, this pe tition has taken up for final disposal at the motion stage. The petitioners in t he writ petition are admittedly the Assistant Teacher in various schools as ment ioned in paragraph 2 of the writ petition. His main grievance is that the author ities denied them from appearing in the interview which would be held for the po st of Headmasters/Headmistress in different provincialised schools and other sch ools in Assam latest by 20.8.2010 on the ground that he is not eligible requirem ent according to the petitioner. Ms. K. Devi, learned counsel appearing for the petitioners while urging for the relief sought for placed reliance on a decision of the Co-ordinate Bench of this Court dated 12.1.2011 passed in W.P.(C) No.184 of 2011 as stated in the case of Birendra Nath Baruah and others (Supra), wherein this Court while dispo sing writ petition stated inter-alia that direction cannot be given by the Court for allowing the petitioners to participate in the selection process for appoin tment of Headmaster/Headmistress in pursuant to the advertisement dated 2.11.201 0 which shows that selection is scheduled on 11.2.2011 to 15.2.2011 in respect o f schools in Kamrup District. The Co-ordinate Bench also noted that the petition er shall not preclude from applying to the competent authority for relaxation of the criteria and in the event the petitioners shall file their applications and the same be considered expeditiously, so that in the event relaxation is consid ered, the petitioners can participate in the scheduled selection process. Accord ing to Ms. K. Devi, learned counsel for the petitioner, the case in hand is squa rely covered by the decision of the Co-ordinate Bench of this Court as stated in the case of Birendra Nath Baruah and others (Supra). Countering the submission of Ms. K. Devi, Mr. Pathak, learned Standing C ounsel, Education Department referred and relied upon the decision of a Division Bench of this Court in W.P.(C) No.5076 of 2010 (Supra), in which I was a party and, wherein the Rule 14(4)(i) of the Assam Secondary Education (Provincialised) Service Rules, 2003 were challenged and ultimately after hearing the parties, t he Division Bench held that the said rule is not un-Constitutional and reject th e writ petition. Therefore, according to Mr. Pathak, learned Standing Counsel, E ducation Department, it cannot be said that the BT/B. Ed. degree is not require for the post of Head Master/Head Mistress/Superintendent/Assistant Head Master/A ssistant Head Mistress/Assistant Superintendent. However, he conceded to the su bmission of Ms. K. Devi, that power of relaxation as prescribed under Rule 30 is with the authority concerned. Therefore, the petitioner may be allowed to appro ach the appropriate authority and authority will consider the same in accordance with law. In view of the submissions of the learned counsel for the parties, this writ petition is disposed of with a direction to the petitioners to approach the Commissioner and Secretary, Government of Assam, Education Department, responde nt No.1 herein by way of filing representation and upon receipt of the same, the Commissioner and Secretary to the Government of Assam, Education Department, re spondent No.1 shall consider and dispose of the same by a reasoned order expedit iously as possible. While, considering the representation of the petitioners, th e Commissioner and Secretary to the Government of Assam, Education Department sh all also take note of the decision of Division Bench of this Court in W.P.(C) No .5076 of 2010 (Supra), so that, if the prayer for relaxation is granted, the pet itioners can avail the opportunity of appearing in the interview for the post of Headmaster/Headmistress as prayed for in the writ petition. Copy of this order be furnished to the learned counsel for the parties b y 29.1.2011.