JUDGMENT :

Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned Standing Counsel, Education (Secondary) Department appearing for the respondents.

2. The petitioner, by way of instituting the present proceedings, has raised a grievance with regard to his possible exclusion from the process underway for recruitment to the vacant posts of Principals in various Higher Secondary Schools of the State on the ground that he has not garnered the teaching experience as mandated under the provisions of Rule 12(3)(ii) and Rule 12(3) (iv) of Assam Secondary Education (Provincialised Schools) Rules, 2018 (in short, Rules of 2018).

3. The facts requisite for consideration of the issue arising in the present proceedings are noted as under.

4. The petitioner was appointed as a Graduate Teacher (Science) in Lakhimpur Government Higher Secondary School vide order dated 16.02.2006. The petitioner joined his such services, in pursuance to the said order of appointment dated 16.02.2006, on 17.02.2006. It is to be noted that the petitioner earlier, in pursuance to an advertisement issued on 08.02.2003, had submitted his application for being considered for recruitment against the post of Post Graduate Teacher (Science) in Higher Secondary School of the State. The recruitment process, as initiated vide the said advertisement dated 08.02.2003, was concluded only in the year 2013 and the petitioner, on his selection, was vide order dated 06.04.2013 appointed as a Post Graduate Teacher at Meragarh N. Dev Higher Secondary School, Majuli (Jorhat).

5. The petitioner by resigning from the post of Graduate Teacher in Lakhimpur Government Higher Secondary School, joined against the post of Post Graduate Teacher (Biology) in Meragarh N. Dev Higher Secondary School on 22.04.2013. Thereafter, the petitioner, on the basis of a mutual transfer effected in his case and another teacher came to be transferred and posted at Dinjoy H.M. Higher Secondary School vide an order dated 28.06.2023. The petitioner is presently discharging his duties as a Post Graduate Teacher (Biology) in Dinjoy H.M. Higher Secondary School.

6. The respondent No.1, vide his communication dated 11.09.2023, required the Director of Secondary Education, Assam to furnish the list of vacancies in the post of Principal of Higher Secondary Schools and Headmasters of High Schools for initiating the process of selection against the said vacant post.

7. In terms of the said letter dated 11.09.2023, the Director of Secondary Education, Assam vide communication dated 26.09.2023 required the jurisdictional Inspector of Schools to submit the vacancy position against the post of Principal and Headmaster of Provincialised Secondary Schools under their respective jurisdictions, within 03.10.2023 in the format as was provided for in the said communication. The vacancies to be reported, were the vacancies arising against the said posts till 31.12.2023.

8. The petitioner, on coming to learn of the said process, had made enquiries with the respondent authorities disclosing the particulars of the services rendered by him as a Graduate Teacher and thereafter, as a Post Graduate Teacher. During such enquiry, he was given to understand that in terms of the provisions of Rule 12 of the said Rules of 2018, the teaching experience garnered by him based on his such services would not be reckoned and would be held to be insufficient to be considered for recruitment against the post of Principal as and when the said posts are so advertised to be filled up.

9. Accordingly, the petitioner basing on the said premises has approached this Court by way of instituting the present proceedings.

10. The issue in the present proceedings revolves around the interpretation of Rule 12 and more particularly, Rule 12(3)(ii) and Rule 12(3)(iv) of the said Rules of 2018.

The provisions of Rule 12 being material to the present proceedings, the same is extracted hereinbelow:

“12. Recruitment of Principal and procedur