Adarsh Kumar Goel, C.J.

1. These petitions seeks a direction to declare the Assam Secondary Education (Provincialised) Service (Amendment) Rules, 2012 (2012 Rules) as ultra vires the Constitution. Case of the petitioners is that they represent teachers and employees of Higher Secondary Schools in the State of Assam. An amendment has been made to the service conditions of teaching and non-teaching staff in provincialised schools which are governed by the Assam Secondary Education (Provincialised) Service Rules, 2003 (2003 Rules). The relevant issue is with regard to recruitment to the post of Principal of Higher Secondary Schools which is governed by Rule 12. Qualifications for recruitment to the said post as laid down under 2003 Rules, are as follows:--

"12. Recruitment of Principal in the Higher Secondary/Higher Secondary & Multipurpose School and qualification thereof-

(a).......

(b)........

(c)............

(d)....

(i) The candidate must have at least 15 years of teaching experience as Post Graduate Teacher in any Higher Secondary/Higher Secondary & Multipurpose School;

or

The candidate must have at least 17 years of teaching experience as Graduate Teacher in any Higher Secondary/