JUDGMENT AND ORDER : Ajit Singh, J. 1. This intra-court appeal has been filed by the State of Assam challenging the judgement and order of the learned Single Judge passed in Respondent No.1’s WP(C)No. 6374/2011 vide order dated 16/07/2015. 2. The brief facts are these. Respondent No.1-Mustt. Momtaz Begum-was appointed as an Assistant Teacher (Female) in Chirakhowa High School, a Co-educational Institution, by its Managing Committee, vide resolution dated 01/10/1994. At that time, the School was a Venture School. The School was recognised in the year 1996, by the Board of Secondary Education, Assam, (SEBA, in short) and as per the Regulations for Recognition of High Schools/High Madrassas, 1988 framed by the SEBA, it has been made mandatory to have one Graduate Lady Teacher in any Co-educational Institution for the purpose of receiving the recognition. In the year 2005-06, the State Government introduced a Scheme known as ‘Financial Assistance to the Venture Educational Institutions’ and the same was notified on 12/01/2011. In the said Scheme, a new staffing pattern in Schools was introduced. But the post of Graduate Lady Teacher was not expressly mentioned in that Scheme. As a result, the financial assistance as regards Respondent No.1 was denied. The staffing pattern under the modified scheme is contrary to Rule 3(ii)(C) on the Secondary Education (Middle English Schools and High Schools) Provincialization Rules, 1979 and the Regulations for Recognition of High Schools/High Madrassa, 1988 framed by SEBA, which mandatorily provides that one Graduate Lady Teacher must be appointed in such Schools. It was the stand taken by the Education Department that the modified scheme has been discontinued since 2011-12, and hence, no financial assistance can be granted to the post of Respondent No.1. 3. The learned Single Judge took the view that omission in the Scheme in not providing for a post of Graduate Lady Teacher, that too, in conflict with the rules, cannot make Respondent No.1 disentitle for receiving financial assistance under the modified Scheme as notified vide letter dated 12/01/2011 and as such, directed the State respondents to pay all the financial assistance to Respondent No.1 under the modified Scheme within a period of 3(three) months from the date of receipt of the order. 4. After hearing the learned counsel for the parties and perusing the records, we find no illegality or infirmity in the impugned judgement and order. 4. After hearing the learned counsel for the parties and perusing the records, we find no illegality or infirmity in the impugned judgement and order. The new staffing pattern of the school as per the modified scheme is contrary to the mandatory rules framed by SEBA. Omission of the State authority in not providing for the post of Graduate Lady Teacher in the Co-educational Schools contrary to the norms cannot make Respondent No.1 disentitled to receive the financial assistance. Although disbursal of financial grants to the non-provincialised schools of the State was discontinued vide a notification dated 15/06/2012, the dues of Respondent No.1 prior to the said discontinuation cannot be denied, more so, when she is the only Graduate Lady Teacher working in the Co-educational School. As such, we do not find sufficient merit in the instant appeal. 5. Accordingly the appeal is dismissed.