The issue raised in this petition relating to appointment and promotion to the post of Office Assistant (LD) in a Deficit College. According to the petitioner he was initially appointed as an office bearer in the year 1979 and thereafter he was promoted and joined in the post of Laboratory Bearer against the sanctioned post from 1.9.81 in the Pandu College. Petitioner passed HSLC examination in the year 1976, HSSLC in the year 1991 and appeared in the BA Part I examination in the year 1993. The college authority invited applications from candidates having requisite qualifications for same category of post which fell vacant including the post of one Office Assistant (LD). The petitioner questioned the above advertisement pertaining to the methology adopted for filling up of post of Office Assistant (LD). According to the petitioner the post is to be filled up adhering the procedure of promotion as is done by the Govt. in the case of ministerial staff. Petitioner in support of its assertion turned to Assam Ministerial Establishment Service Rules, 1967 embodying arrangement for promotion of the Grade IV staff to the Grade III (for the post of LD etc) subject to the length of service (seven years) and educational qualification. He reeled off to the post precedents those were adhered to in the establishment itself as well as by other like Deficit Colleges. 2. The college authority, the respondent No. 4 contested the case refuted the pleas and filed its affidavit. The respondent contended that the Assam Ministerial Establishment Service Rules, 1967 is not applicable to the Aided Colleges and the provisions of Assam Aided College Employees Rules, 1960 are applicable and appointments are made by direct recruitment on due advertisement of the post. Petitioner also claimed that apart from fulfilling all the norms of eligibility for the post of LD he is also a member of OBC. The respondents countered that there are other Grade IV employees who are senior to the petitioner and have also possesses requisite qualification who also comes from the backward strata of the society. Mr. D. Das, the learned counsel for the petitioner strenuously submitted that petitioner is languishing in the same post since 1979 without any scope of further promotion. Under the Govt. there are rules for taking care of the aspirants of Grade IV staff. Mr. Mr. D. Das, the learned counsel for the petitioner strenuously submitted that petitioner is languishing in the same post since 1979 without any scope of further promotion. Under the Govt. there are rules for taking care of the aspirants of Grade IV staff. Mr. Das the learned counsel for the petitioner referred back to the provisions of Ministerial Establishment Service Rules, 1967 and submitted that it is wholesome and meaningful and in fact the procedure was adopted by the Assam Aided Colleges. 3. Mr. H. Roy, the learned counsel appearing on behalf of the respondent No.4 and submitted that the Aided Colleges including the Deficit Colleges are not subject to the 1967 Rules nor same is adopted by the college. It has separate rule known as the Assam Aided College Employees Rules, 1960 and college authority makes appointment by direct appointment on selection upon notifying the post or posts after giving wide publicity in conformity with Article 14 of the Constitution of India. Following the past practice as well as the constitutional norms the vacant posts are advertised so that all the eligible persons can apply for the posts for consideration so that the institution can find out the best among the available candidates for appointment. Mr. Roy restated the bonafide and the legitimacy of the steps initiated by the college authority. 4. Mr. KH Choudhury, the learned Addl Senior Govt. Advocate took a non-aligned stand. Mr. Choudhury the learned counsel for the Govt. has submitted that the 1967 Rules is statutory in content and is applicable in the case of appoint­ment, recruitment in duly promotion in the district establishment under the State Govt.. One may however adopt the same on its own. Mr. Choudhury further submitted that in the matter of selection and appointment it is the Governing Body of the college to handle, the Govt. comes only at the time of approval and not otherwise. 5. The authority has only advertised the post inviting applications. In absence of any rule or any accepted norms, the respondents cannot be insisted for recruiting Grade III persons by way of promotion from Grade IV posts. It is for the college authority to follow theprocedure. The procedure now adopted cannot be said to be unlawful. The petitioner has already applied for the post. The respondents are now to complete the selection process fairly assessing the merits of the respective candidates. It is for the college authority to follow theprocedure. The procedure now adopted cannot be said to be unlawful. The petitioner has already applied for the post. The respondents are now to complete the selection process fairly assessing the merits of the respective candidates. It is expected that the college authority shall fairly consider the case of all the persons including the case of the petitioner. The petitioner shall not fall into decline for the reason that he moved the Court and failed to succeed. The petitioner is working in an educational institution, which is his patria potestas and patria potestas in pietate debet, non in atrocitate, consistere. 6. On appraisal of the conspectus of fact it cannot be said with certainty that the 1967 Rules are applicable in the case in hand. In the absence of the rules it is open for the authority to fill up the post subject to the limitation imposed by the Constitution. Writ petition accordingly stands dismissed. Interim order passed by this Court is vacated. However in the facts and circumstances there shall be no order as to costs.