The central legal point established in the judgment is the interpretation and application of the educational qualification requirements for the post of Assistant Head Master in an amalgamated school, as specified in the Assam Secondary Education (Provincialization) Rules, 2003, and the notifications issued by the Government of Assam.

B.K. Sharma, J.

1. The petitioner is aggrieved by the order dated 25.5.2007(Annexure-'H' to the writ petition) issued by the Inspector of Schools, Hailakandi District Circle (HDC), Hailakandi allowing the Respondent No. 5 to act as Assistant Head Master (Academic) without any financial benefit of the school namely, Jamira High School. The order has been issued in supersession of earlier order dated. 1.3.2006 (Annexure-'G' to the writ petition), by which the petitioner was allowed to act as Assistant Head Master (Academic) without any financial benefit.

2. The petitioner, while was working as Assistant Teacher in Jamira M.E. School, was allowed to hold the current charge of the post of Headmaster of the School in his grade and scale of pay upon retirement of regular Headmaster of the School. It was stipulated in the order that holding of charge by the petitioner would be till posting of a regular Head-master or until further orders, whichever was earlier. The order was issued by the District Elementary Education Officer, Hailakandi on 21.3.1997.

3. As against the aforesaid position of the petitioner, the Respondent No. 5 was appointed in Jamira High School as an Assistant teacher. He is a graduate. Jamira M.E. school and Jamira High School were amalgamated by Annexure-'D' order dated 23.2.2006. After amalgamation, both the schools were named as Jamira High School. As per the conditions of amalgamation, the qualified staff of the M.E. School serving against duly sanctioned posts were to be absorbed in the amalgamated High School with effect from the date of amalgamation with their respective pay and prospects, but with amalgamated seniority list.

4. As per the notification dated 30.08.2005 issued by the Government of Assam in the Education (S) Department, it was conveyed that upon amalgamation of M.E./M.E. Madrassa with that of High School/High Madrassa, the Headmaster/Headmistress of M.E./M.E. Madrassa School would function as Assistant Headmaster of the amalgamated school without, however, any financial benefit. This notification was modified by the notification dated 19.10.2005, providing that the Headmaster/Headmistress of M.E./M.E. Madrassa School, to function as Assistant Headmaster of the amalgamated school, must have the minimum qualification of graduation.

5. According to the petitioner, although he is not a graduate, but he has degree in Hindi, which is equivalent to a general degree of B.A. In this connection, he has produced the photocopy of the certificates dated 22.6.1975 issued by the Hindi Vidyapith, New Delhi and the copy of the certificate issued by the principal of Lala Higher Secondary School. While as per the certificate issued by the Hindi Vidyapith, the petitioner has cleared "Madhvama Hindi Bhusan Pariksha" and he has been conferred with degree of "Hindi Bhusan", as per the certificate issued by the Principal of the School, the petitioner has passed "Madhvama (Bisharad) examination under Hindi Vidyapith, New Delhi in the year 1975 under Roll No. 293. There is overwriting in the columns relating to the year of passing the examination, which is stated to be 1975 and the Roll No. of the petitioner. While there is initials in respect of the year, in which there is overwriting, but in the overwriting in respect of Roll No., there is no initials. Further, there is no indication of the exact location of Hindi Vidyapith. There is also no indication as to under which authority/University/Board, the said Hindi Vidyapith functions.

6. Mr. N. Choudhury, learned Counsel for the Respondent No. 5 has produced the copy of the letter dated 28.3.1979 issued by the Director of Public Instructions, Assam on the subject of recognition to various examinations conducted by the voluntary Hindi Organizations. As per the said letter, the Government of Assam has recognized the examinations conducted by the various voluntary Hindi organizations as equivalent to degree examination. Such Hindi teachers have been allowed to draw the