This order will dispose of WP (C) Nos. 71 of 2012, 73 of 2012, 765 of 2011 and 5566 of 2011 as it is stated by learned coun­sel for the parties that all the petitions involve common question of law.

2. WP (C) No. 765 of 2011 has been filed by the Association of Teachers in Secondary Schools and High Schools in the State of Assam raising a grievance about the require­ment of possession of BT/B.Ed degree for promotion to the post of Headmaster, under Rule 14 (4)(i) of the Assam Secondary Edu­cation (Provincialised) Service Rules, 2003 (2003 Rules).

3. By the advertisement dated 02.11.2010 (Annexure-C to the writ petition) applications were invited from eligible candidates for posts of Principals, Vice Principals, Headmasters/Superintendents and Assistant Headmasters/Assistant Superintendents as per qualifica­tions laid down therein and the 2003 Rules. Issue raised in the writ petitions is limited only to the promotion to the post of Headmasters governed by Rule 14.

4. The Assam Secondary Education (Provincialisation) Act, 1977, regulates con­ditions for recruitment for appointment of teachers in High and Higher Secondary Schools read with 2003 Rules. Rule 14 (2) deals with promotion to the post of Head­master is based on school-wise seniority list. Eligibility is laid down in sub-Rule (4) as fol­lows:

"Rule 14(4) Eligibility of the post of Head­master/Headmistress/Superintendent/Assist­ant Headmaster/Assistant' Superintendent of High/High Madrassa Schools as the case may -be:

(i) The minimum qualification for the post of Headmaster/Headmistress/Superin­tendent/Assistant Headmaster/Assistant Superintendent shall be Graduate in Arts, Science or Commerce with BT or B.Ed degree.

(ii) He/she must possess at least 10 years of teaching experience as Graduate Teacher, (iii) He/she must posses at least 7 years of teaching experience as Graduate Techers to be an Assistant Headmaster/Headmis­tress/Assistant Superintendent." Grievance of the petitioners is that BT/B. Ed degree could not be made essential quali­fication for the post of Headmaster for the following reasons:

(i) The feeder cadre for the post of Headmaster is the graduate teacher and their qualification as per Schedule-I to the 2003 Rules is graduation with weightage for having B.Ed./M.Ed. degree. Thus, even without B.Ed/M.Ed degree a per­son can be appointed graduate teacher.

(ii) Rule 12 (d) prescribes qualification for appointment to the post of Principal of Higher Secondary Schools which is a higher post and under the said Rule there is ho requirement to have BT/B.Ed de­gree.

(iii) There are schools where there is no B.Ed/BT degree holders, still the re­quirement is made applicable, making it impossible to fill up the post of Headmas­ter.

5. No reply has been filed on merits even though the writ petition was admitted on 11.02.2011 and time was again granted for filing reply on26.08.2011. However, an affi­davit has been filed by the Director of Sec­ondary Education of the State of Assam stat­ing that State Selection Board was constituted on 25.10.2010 and thereafter the impugned advertisement was issued. Thereafter select lists were submitted and on that basis the ap­pointing authority published the list of 792 Headmasters/Superintendent on 02.08.2011 and appointment letters dated 05.08.2011 were issued. Thereafter, on 27.09.2011 ap­pointment letters were issued to 88 more can­didates.

6. An application has been filed for inter­vention by 52 applicants (MC 3559/2011) who are B.Ed/BT degree holders stating that they could not be appointed on account of stay order granted in different proceedings and thus they were entilted to be heard. The ap­plication was ordered to be heard with the main case. No stay was granted though ap­pointments were made subject to the deci­sion of the writ petitions.

7. We have heard learned counsel for the parties.

8. Mr. B.C. Das, learned Senior Counsel, appearing for the petitioners in WP (C) No. 765/2011, submitted that though educational qual