JUDGMENT & ORDER (CAV)

(Ashutosh Kumar, CJ)

We have heard Mr. H.K. Das, learned Advocate for the petitioners and Mr. P. Nayak, learned Additional Advocate General, Assam, assisted by Mr. A. Phukan, learned Standing Counsel, General Administration Department for the respondents.

2. The petitioners are primarily aggrieved by the impugned proviso to Rule 5(5) of the Assam Secretariat Service Rules, 2019, by which a Degree of Graduation has been made mandatory qualification for promotion to the post of Superintendent for employees in the feeder post of Senior Administrative Assistant, thereby totally eliminating the promotional prospects of the petitioners, infringing their right to be considered for promotion.

3. The question raised before this Court, therefore, is “whether prescription of a higher educational qualification in the feeder cadre for promotion to the higher post by v