JUDGMENT Adarsh Kumar Goel, C.J. 1. These petitions seeks a direction to declare the Assam Secondary Education (Provincialised) Service (Amendment) Rules, 2012 (2012 Rules) as ultra vires the Constitution. Case of the petitioners is that they represent teachers and employees of Higher Secondary Schools in the State of Assam. An amendment has been made to the service conditions of teaching and non-teaching staff in provincialised schools which are governed by the Assam Secondary Education (Provincialised) Service Rules, 2003 (2003 Rules). The relevant issue is with regard to recruitment to the post of Principal of Higher Secondary Schools which is governed by Rule 12. Qualifications for recruitment to the said post as laid down under 2003 Rules, are as follows:-- "12. Recruitment of Principal in the Higher Secondary/Higher Secondary & Multipurpose School and qualification thereof- (a)....... (b)........ (c)............ (d).... (i) The candidate must have at least 15 years of teaching experience as Post Graduate Teacher in any Higher Secondary/Higher Secondary & Multipurpose School; or The candidate must have at least 17 years of teaching experience as Graduate Teacher in any Higher Secondary/Higher Secondary & Multipurpose School; (ii) The age must not be less than 40 years; (iii)The candidate must possess commanding personality, administrative ability and integrity." 2. However, the above Rule has been amended vide notification dated 3rd July, 2012 called the Assam Secondary Education (Provincialised) Service (Amendment) Rules, 2012. The qualifications prescribed as per the substituted Rule are as follows:-- "Recruitment of Principal in the Higher Secondary/Higher Secondary and Multipurpose School and qualification thereof: 12. (1)............ (i) The candidate must be M.A./M.Sc./M.Com. with B.T./B.Ed degree from any recognized University having uniform good academic career; (ii) The candidate must have rendered at least 15 years of service as Post Graduate Teachers or Vice-Principal or both in any of the provincialised High Secondary School; or (iii) The candidate must have 17 years of teaching experience as Graduate Teacher in any Higher Secondary/Higher Secondary & Multipurpose School;" 3. According to the petitioners, the requirement of B.T./B.Ed decree is arbitrary and irrational for the category of Post Graduate Teachers or Vice-Principals (recruited out of Post Graduate teachers) as for recruitment to the post of Post Graduate teacher neither at the time of entry into service BT/B.Ed degree is required nor thereafter they have opportunity to get B.T./B.Ed degree. According to the petitioners, the requirement of B.T./B.Ed decree is arbitrary and irrational for the category of Post Graduate Teachers or Vice-Principals (recruited out of Post Graduate teachers) as for recruitment to the post of Post Graduate teacher neither at the time of entry into service BT/B.Ed degree is required nor thereafter they have opportunity to get B.T./B.Ed degree. For the first time, this requirement has been provided in the amended Rule for recruitment of Post Graduate teachers and vide notification dated 13th September, 2012 this requirement has been relaxed up to 1st January, 2015. This being the position, Post Graduate Teachers or Vice-Principals appointed out of Post Graduate Teachers wall stand disqualified for being considered for the post of Principal resulting in denial of level paying field without any valid justification. In para-11 of the writ petition, it has been averred- "11. That your Petitioner states that the Rule of 2012 provides that the minimum qualification for the post of the Principal in Higher Secondary School must be a master degree holder with B.Ed/BT but surprisingly, the Government never allowed the subject teachers at any point of time to pursue B.Ed/BT course as the subject teachers/post graduate teachers are the one man department in the concerned subject in any Higher Secondary School. Even the subject teachers/post graduate teachers are not allowed to undergo B.Ed/BT course on 'earn leave' as because there is no alternative subject teacher/post-graduate teacher in the concerned subject, existing in the school, which is very much evident from the letter dated 24.02.2011, issued by the Deputy Director of Secondary Education, Assam vide No. BT/B.Ed/1/2001/3, addressed to the inspectors of Schools wherein the Inspectors of Schools were requested to furnish the list of teachers from the provincialised and the recognized schools to undergo B.Ed training courses in different affiliated training institutes under Gauhati University. In the said letter dated 24.02.2011, it was clearly mentioned that no subject teacher, demonstrator of M.S. School should be recommended for B.Ed training course. Therefore, it is apparently clear that the subject teachers are not allowed to undergo B.Ed/BT training. Only the Graduate teachers are allowed to undergo B.Ed/BT training. In the said letter dated 24.02.2011, it was clearly mentioned that no subject teacher, demonstrator of M.S. School should be recommended for B.Ed training course. Therefore, it is apparently clear that the subject teachers are not allowed to undergo B.Ed/BT training. Only the Graduate teachers are allowed to undergo B.Ed/BT training. The Petitioner begs to state that since the existing post graduate teachers are not allowed to pursue the B.Ed/BT course by the Education Department, therefore, they will never become eligible to be appointed to the post of the Principal of Higher Secondary/Higher Secondary and Multipurpose School as per the Rule of 2002..........." 4. When the matter came up for hearing on earlier two dates, learned counsel for the State took time to take instructions about the steps being taken to redress the grievance of the petitioners as it was stated that the matter was under reconsideration in the light of the representations of the petitioners. 5. We have heard learned counsel for the parties. 6. Learned counsel for the State says that since the matter is legal, it was not necessary to file reply and, on due consideration, the State has issued notification dated 13th September, 2012 granting relaxation in the requirement of having BT/B.Ed degree up to 1st January, 2015 for appointment in Higher Secondary School/High School/ High Madrassa, subject to the condition that the candidate will have to acquire B.Ed/BT degree within five years from the date of joining. However, he has no instructions on the issue of qualification of BT/B.Ed degree for Post Graduate teachers for eligibility for the post of Principal. 7. On due consideration, we find merit in the grievance of the petitioners. It is clear that the amendment of qualifications required for recruitment to the post of Principal in Clause 1(i) for the Post Graduate Teachers or Vice-Principals (appointed out of Post Graduate teachers), no such qualification was laid down at the time of entry into service nor at any point thereafter, they could obtain such degree. Thus, eligible candidates with 15 years service will be rendered ineligible which is arbitrary and discriminatory. Graduate Teachers were being allowed to acquire these qualifications during service which Post Graduate teachers were not and, therefore, Post Graduate teachers could not be treated at par with Graduate teachers in the matter of having BT/B.Ed degree. 8. Thus, eligible candidates with 15 years service will be rendered ineligible which is arbitrary and discriminatory. Graduate Teachers were being allowed to acquire these qualifications during service which Post Graduate teachers were not and, therefore, Post Graduate teachers could not be treated at par with Graduate teachers in the matter of having BT/B.Ed degree. 8. In view of above, the Rule may either require to be set aside or may have to be reconsidered by the rule making authority. Accordingly, we direct that the issue may be reconsidered and finalized within two months from the date of receipt of a copy of this order and, pending such finalization, no further regular promotion be made to the posts of Principals in Higher Secondary/Higher Secondary & Multipurpose Schools. Any step taken in pursuance of the above amendments may be reviewed in the light of the above observation. Writ petitions stand disposed of accordingly.Disposed off.