B.K. Sharma, J.

1. All these writ petitions pertain to selection and appointment of Headmasters in the High Schools throughout the State of Assam. While some of the petitioners have challenged the legality and/or validity of the selection, some have prayed for appropriate direction towards implementation of the select list that was prepared by the Selection Board pursuant to the selection conducted. Upon hearing the learned counsels for the parties at some length and as recorded in the order dated 6.1.2012 the following issues emerged for consideration :

(1) Whether, the vacancies that arose prior to coming into force the Assam Secondary Education (Provincialised) Service Rules, 2003 can be filled up by applying the provisions of the said Rules, or the said vacancies are required to be filled up as per the provisions of the earlier Rules viz. the Assam Secondary Education (Provincialisation) Service Rules, 1982?

(2) Whether, the basic qualification as laid down in Rule 14 of the Rules of 2003 can be relaxed in terms of Rule 30 of the said Rules?

(3) Whether, the selection process that was initiated in the year 1999/2002 but did not attain its finality can be said to be still pending for finalisation at this distant date, and even if the selection process was initiated on the basis of the earlier set of rules but the said process did not materialise, then, whether, the said vacancies are required to be filled up by applying the provisions of either of the Rules, or can be filled up by the new set of rules, that is the 2003 Rules?

(4) Whether, the plea that since some of the petitioners have been sent for B.T./B.Ed Course, till completion of the said Course by the teachers, the selection for the posts of Headmaster should be kept in abeyance is sustainable?

(5) Whether, the decision of the government not to send those teachers who completed 50 years of age for such training can be said to be arbitrary?

Responding to the said order, the respondent No. 1 has filed an affidavit justifying the selection conducted for appointment of Headmasters on promotion on the basis of the selection conducted in accordance with the provisions of Assam Secondary Education (Provincialised) Service Rules, 2003.

2. The respective learned counsels appearing for the petitioners and the respondents have advanced their arguments justifying their respective stand in the writ petitions. I have given my anxious consideration to the same.

3. As recorded in the said order dated 6.1.2012, the challenge to the selection are on the following grounds :

(a) The vacancies having occurred prior to coming into force the 2003 Rules, the said vacancies are required to be filled up as per provisions of the earlier set of rules namely Assam Secondary Education (Provincialised) Service Rules, 1982.

(b) Even if the selection conducted as per the provisions of 2003 Rules is held to be justified, the candidates who were not called for the selection on the ground of being not eligible having lacked in the education qualification of BT/B.Ed degree as per the provision contained in Rule 30 of the 2003 Rules, it was incumbent on the part of the State Government in the Education Department to extend relaxation having regard to the undue hardships that was caused to the said candidates.

(c) As envisaged in the Rule of 2003, it was incumbent on the part of the respondents to hold the selection year-wise and in case of any difficulty to hold the selections, while conducting the consolidated selection, year-wise panel ought to have been prepared.

(d) Some of the candidates having already appeared in the selection that was conducted during the period from 1999 to 2002, it was incumbent on the part of the respondents to declare the results thereof instead of abandoning the same so as to fall back on the 2003 Rules towards conducting the selection in 2010.

(e) Some of the candidates, who have been sent for BT/B.Ed course were deprived of participation in the selection as the selection have be