This application has been filed for a direction to the respondents to sanction the dropped post of the petitioner in the school after provincialisation. The school was provincialised on 19.11.91. Earlier to it the petitioner was appointed in the school and his position according to the seniority list was at No.6. But at the time of provincialisation, through as a matter of fact, this post should have been sanctioned, by mistake one post was dropped and thereafter on 8.6.92 the Inspector of Schools wrote the following letter to the Director of Secondary Education, Assam, Kahilipara, Guwahati and that is available at Annexure C and that is quoted below : " From : Shri I Hussain, A.E.S. Inspector of Schools, D.D.C. Dhubri. To : The Director of Secondary Education, Assam, Kahilipara, Guwahati-19. Sub : Release l(one) No. of post of Asstt. Teacher of Ratiadaha High School. Ref: Your letter No. PC/Sec/50/91/42, dated 29 Jan, 92 Sir, In inviting a reference to the letter of the subject indicated above, I have the honour to state that Ratiadaha High School having 5(five) section is entitled to have 5+1 teacher according to staff pattern. But 5(five)Nos. of posts of graduate teachers has been sanctioned under the provincialisation scheme vide your letter under reference. So, 1 (one) No. of post is dropped which is entitled to the school. In this connection, I would like to inform you that Shri Jagadish Ch.Roy, M.A. has been appointed by the Managing Committee of the school and duly approved by this office vide letter No.GIA/E-S/61 -80/230/85/751 dated 7.2.91. His name was placed in the detailed particulars at Sl.No.8 submitted by the school authority. But has been dropped. I, therefore, request you kindly to take necessary steps to sanction 1 (one) No. of post which has been dropped under provincialisation scheme in the name of Shri Jagdish Ch. Roy,M.A. as per staff pattern with effect from 19.11.91. A certificate regarding physical verification of the particulars is enclosed herewith for favour of your kind perusal as required. Your faithfully, Sd/- (I Hussain) Inspector of Schools, DDC,Dhubri. 2. Another letter was written by the Inspector of Schools (another person) on 10.3.93 in the same matter. Thus is Annexure D to the writ application. That is quoted below: " From : Shri KN. Das, M.Sc., B.Ed., Inspector of Schools, DDC, Dhubri. To : The Director of Secondary Education, Assam, Kahilipara, Guwahati-19.
2. Another letter was written by the Inspector of Schools (another person) on 10.3.93 in the same matter. Thus is Annexure D to the writ application. That is quoted below: " From : Shri KN. Das, M.Sc., B.Ed., Inspector of Schools, DDC, Dhubri. To : The Director of Secondary Education, Assam, Kahilipara, Guwahati-19. Sub : Release l(one) No. of post of Asstt. Teacher of Ratiadaha High School. Ref: Your letter No.PO/Sec/50/91/110 dated 19.12.92. Sir, Inviting reference to the subject indicated above and in continuation of this office letter No.PLO/92/12/18/612 dated 8,6.92 a proposal for releasing dropped post of Ratiadaha High School has already been submitted to you for necessary sanction. However, as per your letter mentioned above I have personally inspected the said school on the day of 26.2.93 and found that the aforesaid l(one)No. of dropped post is in need in the school to cope with the existing enrolment position of the school. I, therefore, request you kindly to take necessary steps for sanctioning the aforesaid dropped post of Ratiadaha High School which has been dropped at the time of provincialisation under the provincialised schemes 1991-92 with effect from 19.11.91. A certificate regarding inspection is enclosed herewith for favour of your kind perusal. Your faithfuly Sd/- Illegible, 3. But nothing has been done. Hence this writ application.' 4.1 have heard Mr.C. Baruah, learned counsel for the petitioner and MrJ. Chutia, learned counsel for the respondents. 5. A set of rules were framed in the name and style of the Assam Secondary (Middle English Schools and High Schools) Provincialisation Rules, 1979. Unfortunately this rules has not been enforced in the State yet. 6. Be that as it may, that set of rules even if it is considered to be a draft set of rules provides regarding the staff pattern as follows : "(ii) Every such school must have - (a) a trained Graduate Teacher with at least 5 years teaching experience as Headmaster; (b) where there are 6 classes, as Assistant Headmaster who is graduate with minimum 3 years' teaching experience; (c) graduate teachers, excluding the Headmaster and the Assistant Headmaster equal to the number of sections in the Upper three classes and at least one of them must be a graduate in Science.
In case of a school where there is co-education, there should be at least one graduate lady teacher; (d) one graduate with classical subject in his degree course or holder of metric title for every classical subject: (e) one Hindi teacher having qualification in Hindi equivalent to Bachelor's degree; (f) one Office Assistant: Provided that the Government may relax any of the minimum requirements in the public interest in the areas prescribed in the Sixth Schedule of the Constitution." 7. Even if it is considered to be a draft rules, this is being followed consistently by the State of Assam regarding the appointment of teachers in the schools and it is not understood as to why in the case of the petitioner the same benefit should not be given. Accordingly, after hearing the learned counsel of both sides and on perusal of the materials on record, I allow this writ application directing the respondents, more specifically respondents 2 and 3, to sanction 6 (six) posts of graduate teachers including the Headmaster in the school within 3 months from the date of receipt of this order (Already 5 has been sanctioned). The petitioner may obtain the certified copy of this order and shall produce the same before the authority to do the needful in terms of this order. 8. This disposes of this writ application.