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2022 Supreme(Gau) 880

R. M. CHHAYA, SOUMITRA SAIKIA
Bhaben Bhatta, S/o. Late Prafulla Bhatta – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary to the Govt. of Assam, Education (Secondary) Department – Respondent


Advocates Appeared:
For the Petitioners: Mr. I.H. Saikia.
For the Respondents: Mr. R. Mazumdar, SC.

JUDGMENT :

Soumitra Saikia, J.

1. Heard Mr. I.H. Saikia, learned counsel for the petitioners. Also heard Mr. R. Mazumdar, learned standing counsel, Education (Secondary) Department, appearing for the respondent Nos. 1, 2, 3 & 5.

2. This writ petition has been filed by three writ petitioners jointly challenging the constitutional vires of Rule-14(1) and the First Proviso to Rule-14(2)(b) of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018. The three petitioners were appointed as Graduate Teachers by orders dated 15.09.1998, 22.10.1998 and 15.10.1998 respectively in P.B. Lahkarpara High School, Lahkarapara; Janta High School, Rampur and Kaithalkuchi High School, Kaithalkuchi respectively. The appointment orders were issued by the Inspector of Schools, Nalbari district Circle, Nalbari. In the course of their services, the three petitioners upon being eligible to apply for the selection to the post of Assistant Headmaster in their respective schools participated in the selection process and by orders dated 05.08.2017, 03.02.2012 & 05.08.2017, respectively, the three petitioners were promoted to the post of Assistant Headmasters in their respective schools by the

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