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VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Moni Gogoi, Wife Of Sri Diganta Gogoi – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Vijay Bishnoi, C.J.
These 2(two) writ petitions have been filed by the petitioners challenging the validity of the provisions of Rule 8, Rule 10(1) and Rule (2) of the Assam Secondary Education (Provincialised Schools) Service (Amendment) Rules, 2023, (hereinafter to be referred as “the Amendment Rules of 2023”) notified on 20.09.2023 as well as the amendment brought into the Schedule-II and Schedule-III of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 by way of the Assam Secondary Education (Provincialised Schools) Service (Second Amendment) Rules, 2023, notified on 13.12.2023 (hereinafter to be referred as “the Second Amendment Rules of 2023”). The petitioners have also prayed for quashing and setting aside the Advertisement Nos.E-392562/3 and E-392562/4 dated 27.12.2023, issued by the Director of Secondary Education, Government of Assam.
2. The relevant brief facts of the cases are that the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (hereinafter to be referred as “the Rules of 2018”) were promulgated by the Hon’ble Governor of Assam in exercise of powers conferred by proviso to Article 309 of the Constitution of In
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