WP(C) 398/2011 BEFORE THE HON’BLE MR. JUSTICE U.B. SAHA The instant writ petition has been filed by the petitioners, three in numbers wi th a prayer for issuance call letter for appearing interview. Heard Mr. A.M. Mazumdar, learned senior counsel appearing for the petiti oners as well as Mr. M.R. Pathak, learned Standing Counsel, Education Department appearing for the respondents. 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 paragraphs 3.4 and 5 of the writ petition. Their main grievances is tha t the authorities denied them from appearing in the interview which would be hel d for the post of Headmasters/Headmistress in different provincialised schools a nd other schools in Assam latest by 20.8.2010 on the ground that they are not el igible requirement according to the petitioners. Mr. Mazumdar, learned senior counsel appearing for the petitioners while urging for the relief sought for placed reliance on a decision of the Co-ordina te Bench of this Court dated 12.1.2011 passed in W.P.(C) No.184 of 2011 as state d in the case of Birendra Nath Baruah and others (Supra), wherein this Court whi le disposing writ petition stated inter-alia that direction cannot be given by t he Court for allowing the petitioners to participate in the selection process fo r appointment of Headmaster/Headmistress in pursuant to the advertisement dated 2.11.2010 which shows that selection is scheduled on 29.1.2011 to 1.2.2011 in re spect of schools in Barpeta District. The Co-ordinate Bench also noted that the petitioners shall not preclude from applying to the competent authority for rela xation of the criteria and in the event the petitioners shall file their applica tions and the same be considered expeditiously, so that in the event relaxation is considered, the petitioners can participate in the scheduled selection proces s. According to Mr. Mazumdar, learned senior counsel for the petitioners, the ca se in hand is squarely 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 Mr. Mazumdar, Mr. Pathak, learned Standing Counsel, Education Department referred and relied upon the decision of a Divisio n 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, the Division Bench held that the said rule is not un-Constitutional and reject t he writ petition. Therefore, according to Mr. Pathak, learned Standing Counsel, Education 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/ Assistant Head Mistress/Assistant Superintendent. However, he conceded to the s ubmission of Mr. Mazumdar, that power of relaxation as prescribed under Rule 30 is with the authority concerned. Therefore, the petitioners may be allowed to ap proach the appropriate authority and authority will consider the same in accorda nce 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.