WP(C) 6740/2010 BEFORE THE HON’BLE MR JUSTICE U.B.SAHA The instant writ petition is filed by two petitioners, namely, Shri Ekra m Rosul Laskar and Shri Monoj Kumar Das, challenging the Assam Secondary Educati on ( Provincialised) Service Rule, 2003 as ultra vires of the Constitution of I ndia and also to issue writ of mandamus directing the respondents 1 and 2 to mak e B.T/B. Ed. Degree as compulsory degree for all categories of teachers in High er Secondary and High Schools with a further prayer to allow the present petitio ners and other similarly situated Assistant Teachers who have holding the charg e as In-charge Head Master a reasonable period of time to enable them to acquir e 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 21.12.2010 remitted the matter to the Single Bench for deciding the second pray er as the petitioner did not press the first prayer. Mr. I. H Laskar, learned Counsel for the petitioners submits that the in stant case is fully covered by the decision of this Court dated 21.12.2010 passe d in W. P.(C) 6756/2010 wherein this Court while dealing with the similar matte r allowed the petitioner in that case to approach the appropriate authority pra ying for relaxation of the qualification and in case, such applications are fil ed, the same shall definitely be considered and disposed of by the authority in accordance with law and as expeditiously as possible so that if the relaxati on is given in exercise of the power conferred by Rule 30 of the 2003 Rules, th e petitioners are not deprived from participating in the selection process. Mr. M. Khatoniar, learned counsel appearing for the respondents 1,2 and 3 submits that the interview of Hailakandi district for the post of Headmaster/A ssistant Headmaster, Superintendent and Assistant Superintendent of provincialis ed Higher Secondary/Higher secondary and multipurpose/ Madrasa schools has alrea dy been expired on 24.12.2010. Therefore, even if the petitioners are allowed to apply to the authority concerned for relaxation of BT/B.Ed degree, they would n ot be in a position to appear in the interview and on that ground itself, the pe titioners are not entitled to get any relief as sought for. Upon going through the records available and decision of this Court as s tated supra, this Court is of considered opinion that as the date of interview h as already been expired, as informed by the learned standing Counsel of the Educ ation Department, it would not be proper for this Court to give any direction to the authority to allow the present petitioners to sit for the interview. Howev er, if they 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 consider 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 th e parties. No order as to costs.