JUDGMENT :

The writ jurisdiction of this Court has been sought to be invoked by the petitioner by questioning the legality and validity of an order dated 22.06.2017 issued in favour of the respondent no. 6 appointing him as the Principal of the Singimari Md. Ali Higher Secondary School (hereinafter, School). The principal ground of challenge is that the said respondent no. 6 was not eligible for such appointment on the relevant date and therefore, could not have been appointed. On the other hand, the petitioner had fulfilled all the requisite qualification and eligibility and therefore, was liable to be offered the said appointment.

2. Before going to the issue which has arisen for determination in this case, it would be convenient to state the facts of the case in brief.

3. The petitioner is a Post Graduate subject teacher of the School. Pursuant to an advertisement dated 22.06.2016 for filling up of the post of regular Principal of the School, the petitioner, respondent no. 6 and few other persons had offered their candidature. The said respondent no. 6 is however a Graduate Teacher. Though, the Rules holding the field namely, the Assam Secondary Education (Provincialisation) Servic