The central legal point established in the judgment is the obligation of the respondents to include the post of Commercial Computer Application in Rule 3(iii) of the Assam School Service (Government Secondary School) Rules, 2009, to ensure the rights of the petitioner and others in similar positions.

(P.K.Saikia, J)

1. This proceeding has been initiated seeking following reliefs:-

“In the premises aforesaid it is respectfully prayed that your Lordships would graciously be pleased to admit this application. Call for the records. Issue a Rule calling upon the respondents to show cause as to why the Rule 3 of The Assam School Service (Government Secondary School) Rules, 2009 should not be declared as illegal and void ab initio and/or a writ in the nature of Certiorari should not be issued for setting aside and quashing “the Rule-3 of the Assam School Service (Government Secondary School) Rules, 2009”and the impugned part of the order dated 7.11.2000 making the post personal and-or a writ in the nature of Mandamus should not be issued to cancel rescind &forbear from giving effect to the impugned Rule-3 of The Assam School Service (Government Secondary School) Rules, 2009 with a further direction to insert the service of the petitioner in the cadre and class as entitled to under the law and to fix the inter-se seniority of the petitioner and to issue appropriate order with regard to confirmation of the service of petitioner and/or any other writ or direction should not be issued directing the respondents to consider the case of the petitioner for promotion to the post of Principal in Government Higher Secondary School and or perusal of the materials on record and after hearing the parties this Hon’ble Court may be pleased to make the Rule absolute and/or be pleased to pass any such further or other order/orders as to your Lordships may deem fit and proper in the facts and circumstances of the case so as to give full and complete relief to the petitioner as prayed for.”

2. Heard Mr. B. Goswami, learned counsels for the petitioner. Also heard Mr. P.N. Goswami, learned counsel appearing for the respondents.

3. The brief facts necessary for disposal of the present proceeding are that the petitioner after completing his Master’s in Mathematics from the Gauhati University also completed 1(one) year Diploma Course in Computer Applications from the Gauhati University as a regular student. The Director of Secondary Education, Assam, vide advertisement at Annexure-II to the writ petition invited applications from the qualified candidates for filing up various posted including the post of Teacher in Computer Data Entry & Operation in the pay scale of Rs. 875/-1850/-.

4. In due course, he appeared before the Interview Board and was selected and thereafter, vide order dated 10.11.1990, he was appointed temporarily as Computer Data Entry & Operation against one of the 60 posts created vide letter dated 12.02.1990 (under Vocational stream) at Cotton Collegiate Higher Secondary School under Rule 3(I) of the Assam Public Service (Ad-hoc) Appointment Rules 1986 in the Scale Pay of Rs. 875/- 1850/- pm, plus other allowances as admissible from time to time for a period not exceeding one year, with effect from the date of joining or till regular appointment is made through APSC, whichever is earlier.

5. In the meantime, nomenclature of subject teacher against which the petitioner was appointed had been changed from Computer Data Entry & Operation to Commercial Computer Applications. Thereafter, vide advertisement dated 21.10.1993, the Assam Public Service Commission notified 5 posts of Commercial Computer Applications in the pay scale of Rs. 1835- 4325/- pm plus other allowances seeking applications from the qualified candidates. Since the petitioner was discharging his duty on ad-hoc basis, he submitted his applications and was called for the interview by Assam Public Service Commission (APSC).

6. Since he was found suitable by the Commission, he was selected for appointment on regular basis. In that way, service of the petitioner as Commercial Computer Applications stood regularized w.e.f., 20.4.1995 vide order dated 11.08.1995, issued by the Director of Secondary Education, Assam. It was stated in the appointment letter that the inter-se-s