Page No.# 1/5 GAHC010107012023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/255/2023 BHORATH CH BHAR AND 4 ORS S/O- RAMKRISHON BHAR GRADE-IV J C GIRLS HIGH SCHOOL UDHARBOND DOA- 30.01.1996 R/O- HOSPITAL ROAD UDHARBOND CACHAR ASSAM PIN- 788030 2: SUDIP KUMAR BHATTACHARJEE S/O- LT. RAKHAL KRISHNA BHATTACHARJEE GRADE IV J C GIRLS HIGH SCHOOL UDHARBOND DOA- 12.04.2013 R/O- VILL- DURGANAGAR PART-V UDHARBOND CACHAR ASSAM PIN- 788030 3: SAMIM AHMED BARBHUIYA S/O- LT. MASADDAR ALI BARBHUIYA GRADE-IV GOVT. BOYS HIGHER SECONDARY SCHOOL SILCHAR DOA- 24.02. 2014 R/O- VILL- AND P.O. ALGAPUR PART-V MOHANOUR PART-II HAILAKANDI Page No.# 2/5 ASSAM PIN- 788150 4: MITHON CHANDA S/O- KETOKI CHANDA GRADE-IV JARAILTALA HIGH SCHOOL DOA- 12.04.2013 R/O- VILL AND P.O. JARAILTALA CACHAR ASSAM PIN- 788127 5: GOUTAM BARMAN S/O- BHASKAR BIJOY BARMAN GRADE-IV JILKADAR ALI HIGHER SECONDARY SCHOOL DOA- 24.04.2013 R/O- VILL- BIJOYPUR P.O. BORKHOLA DIST.- CACHAR ASSAM PIN- 788110 VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE SECY. TO THE GOVT. OF ASSAM DEPTT. OF SCHOOL EDUCATION (SECONDARY EDUCATION) BLOCK-C ASSAM CIVIL SECRETARIAT JANATA BHAWAN DISPUR GHY ASSAM PIN- 781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY ASSAM PIN- 781019 3:THE INSPECTOR OF SCHOOLS CACHAR DISTRICT CIRCLE SILCHAR ASSAM Page No.# 3/5 ------------ Advocate for : MR. A K DUTTA Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 09.01.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioners. And also heard Ms. H. Terangpi, learned Standing Counsel, Secondary Education Department for the respondent Nos. 1,2 & 3. 2. The petitioners herein are Grade-IV employees serving in different schools in the district of Cachar and Hailakandi having more than five years of experience and are qualified up to higher secondary level with diploma in computer. But, they would not be able to apply for the post of Grade-III of Junior Assistant, lying vacant in different schools as the requisite qualification prescribed in the Rule for the aforesaid posts is graduate with five years of experience and as the petitioners are not graduate and for that, they are not promoted to the post of Junior Assistant. 3. Mr. Purkayastha, learned counsel for the petitioners further submits that some Grade-IV employees of the Higher Secondary schools of Cachar district filed one writ petition, being WP(C) No. 997/2016, before this Court and the same was disposed of by this Court, vide order dated 11.09.2019, directing the respondents to provide promotion to the remaining Grade-IV employees of the Secondary Schools by incorporating appropriate provision in the Rule of 2003, and though the State respondents repealed the Rule 2003, and has Page No.# 4/5 enacted the Service Rules of 2018, yet, Rule 5(2) read with Schedule II(5) provides that Grade-IV employees, having graduation and having experience of continuous service of five years would be eligible for being promoted to the post of Grade –III, Junior Assistant post against 5% quota of direct recruitment, to be filled up amongst the existing Grade-IV employees. 4. Mr. Purkayastha, learned counsel for the petitioners further submits that Rule 33 of the aforementioned Rule provides for relaxation and as per the said provision, the respondent authorities may be directed to relax the educational qualification of the present petitioners otherwise they would not be able to set promotion to the Grade-III post, which are lying vacant since long. Therefore, Mr. Purkayastha, contended to allow this petition by directing the respondent authorities to exercise the power of relaxation, as provided under Rule 33 of the Assam Secondary Education (Provinclialised Schools) Service Rules, 2018. 5. Ms. H. Terangpi, learned Standing Counsel, Secondary Education Department, for the respondent Nos. 1,2 & 3 submits that in view of the existing Rule the petitioners are not qualified for being promoted to any Grade- III post as they have not acquired the requisite educational qualification of graduation and as such, Ms. Terangpi, submits that the case of the petitioners cannot be favourably considered. 6. Having heard the submissions of learned Advocates of both the parties, I have carefully gone through the petition and documents placed on record and also perused the order of this Court dated 11.09.2019, in WP(C) No. 997/2016, and also perused the order of this Court dated 31.03.2023, passed in W.A. No. 49/2023. Page No.# 5/5 7. Admittedly, the present petitioners does not possess the requisite qualification for being promoted to the post of Grade-III, Junior Assistant, against 5% reserved quota of direct recruitment to be filled up from amongst the existing Grade-IV employees. But, there is a provision for relaxation in the said Rules which is provided in Rule 33, which read as under; Relaxation:- Where the Government is satisfied that operation of any of these Rules leads to undue hardship in any particular case, it may, dispense with or relax the requirement of that Rule to such extend and subject to such conditions as it may consider necessary dealing with the case in a just and equitable manner. 8. Under the aforementioned facts and circumstances, this Court is inclined to dispose of this writ petition by directing the petitioners to file one representation before the respondent No.2, through the respondent No.3 for relaxation of the relevant Rule and on receipt of the same, the Director of Secondary Education, Kahilipara, Guwahati, Assam to consider the same in accordance with law and the aforesaid exercise has to be carried out within a period of 3 (three) months from the date of receipt of a certified copy of this order. 9. The petitioners shall obtain certified copy of this order and produce the same before the respondent Nos. 2 and 3 within a period of 3(three) weeks from today. 10. The parties have to bear their own cost. JUDGE Comparing Assistant