Heard Mr. AR Bhuiyan, the learned counsel representing the petitioner. The respondents are represented by Mr. N Sarma, the standing counsel for the Education Department.

2. The issue here is whether the service of the petitioner should have been provincialised as the Superintendent of the Hazrat Azan Peer Arabic College, Jorhat(hereinafter referred to as the HAP Arabic College’), because he secured the required Mumtajul Muhaddisin (M.M.) degree only on 21.12.1995 (Annexure-E) whereas the services of the employees were provincialsed on 15.3.1996 at a stage when the petitioner was downgraded from the post of Superintendent as an under qualified incumbent, giving him two years time to qualify for the post by the Director of Secondary Education (DSE), Assam.

3. While the HAP Arabic College was still at the Khariji Madrassastage, imparting education only for theological subjects, the petitioner joined the Khariji Madrassa on 2.3.1979. But after the Khariji Madrassa transformed into a Arabic College, the petitioner was appointed as the Superintendent of the HAP Arabic College through the order dated 3.11.1991 (Annexure-A).

4. The Govt. of Assam took over this Arabic College