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/Higher Secondary & Multipurpose School;

(ii) The age must not be less than 40 years;

(iii)The candidate must possess commanding personality, administrative ability and integrity."

2. However, the above Rule has been amended vide notification dated 3rd July, 2012 called the Assam Secondary Education (Provincialised) Service (Amendment) Rules, 2012. The qualifications prescribed as per the substituted Rule are as follows:--

"Recruitment of Principal in the Higher Secondary/Higher Secondary and Multipurpose School and qualification thereof:

12. (1)............

(i) The candidate must be M.A./M.Sc./M.Com. with B.T./B.Ed degree from any recognized University having uniform good academic career;

(ii) The candidate must have rendered at least 15 years of service as Post Graduate Teachers or Vice-Principal or both in any of the provincialised High Secondary School; or

(iii) The candidate must have 17 years of teaching experience as Graduate Teacher in any Higher Secondary/Higher Secondary & Multipurpose School;"

3. According to the petitioners, the requirement of B.T./B.Ed decree is arbitrary and irrational for the category of Post Graduate Teachers or Vice-Principals (recruited out of Post Graduate teachers) as for recruitment to the post of Post Graduate teacher neither at the time of entry into service BT/B.Ed degree is required nor thereafter they have opportunity to get B.T./B.Ed degree. For the first time, this requirement has been provided in the amended Rule for recruitment of Post Graduate teachers and vide notification dated 13th September, 2012 this requirement has been relaxed up to 1st January, 2015. This being the position, Post Graduate Teachers or Vice-Principals appointed out of Post Graduate Teachers wall stand disqualified for being considered for the post of Principal resulting in denial of level paying field without any valid justification. In para-11 of the writ petition, it has been averred-

"11. That your Petitioner states that the Rule of 2012 provides that the minimum qualification for the post of the Principal in Higher Secondary School must be a master degree holder with B.Ed/BT but surprisingly, the Government never allowed the subject teachers at any point of time to pursue B.Ed/BT course as the subject teachers/post graduate teachers are the one man department in the concerned subject in any Higher Secondary School. Even the subject teachers/post graduate teachers are not allowed to undergo B.Ed/BT course on 'earn leave' as because there is no alternative subject teacher/post-graduate teacher in the concerned subject, existing in the school, which is very much evident from the letter dated 24.02.2011, issued by the Deputy Director of Secondary Education, Assam vide No. BT/B.Ed/1/2001/3, addressed to the inspectors of Schools wherein the I