JUDGMENT :

Manish Choudhury, J.

Heard Mr. B. Purkayastha, learned counsel for the petitioner and Mr. S.K. Ghosh, learned Standing Counsel, Education (Secondary) Department, Government of Assam for the respondent nos.1 to 4. Also heard Ms. N. Saikia, learned counsel appearing for respondent no.5.

2. By this writ petition, preferred under Article 226 of the Constitution of India, the petitioner has assailed the legality and validity of the provisions of Rule 3, Rule 14(2), Rule 14(3), Rule 24 and Rule 25 of the Assam Secondary Education (Provincialised) Service Rules, 2003 on the grounds that same are unconstitutional, null and void and ultra vires. In the alternative, the petitioner has sought for a direction to the State respondents to take steps to modify/amend the aforesaid impugned provisions. A prayer has also been made for a direction to the State respondents to insert an appropriate provision in the Assam Secondary Education (Provincialised) Service Rules, 2003 for promotion to the post of Headmaster in a High School only from the feeder post of Assistant Headmaster in suc