SAIKIA, C.J. (Acting) :- The petitioners challenge the order of the Inspector of Schools, Nagaon District Circle, Nagaon dated 28-7-77 constituting the new Managing Committee of the "Gandhi Vidyapith", a High School of Hojai, Nagaon, and the order of the Deputy Secretary to the Govt. of Assam, Education Department dated 17-10-77 declaring the Headmasters of respective schools as drawing and disbursing officers. They also challenge the vires of S.5 of the Assam Secondary Education (Provincialisation) Act, 1977, for short the Act, and of R.4 of the Assam Aided Higher Secondary, High and Middle Schools Management Rules, 1976, for short, the Rules, as violative of Art.30 of the Constitution.

2. The petitioners state, inter alia, that they belong to the Marwari community and have migrated to Assam from Rajasthan tong time back; that they are now permanently residing at Hojai; that Hindi is both their literary and conversational language of general use; that with the growth of population of the Marwari community at Hojai, the members of the community felt the need of Hindi High School for higher education of their children and started the "Marwari Hindi High School" in 1956 which