1. 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/Bed 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 2.11.2010 (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 possess at least 7 years of teaching experience as Graduate Teachers 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 no 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 on 26.08.2011. 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 entitled 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 qualification may be a basis f