JUDGMENT AND ORDER : These bunch of writ petitions involve a common question and therefore they are taken up together for disposal. 2. Heard Mr. P Mahanta, the learned counsel for the writ petitioners in WP(C) No.2858 of 2014, Mr. SC Biswas, the learned counsel for the petitioner in WP (C) No. 1920 of 2015 whereas Mr. DK Sharma, the learned counsel for the petitioners in WP (C) No. 2963 of 2014. Also heard Mr. RC Saikia, the learned counsel for the writ petitioner in WP(C) No.2537 of 2014. 3. The question involved in the instant case is with regard to the promotion of Khalasis working under the Public Health Engineering (PHE) Department to the next post of Section Assistant/Junior Assistant (Grade-III). At the outset, it may be noticed that a challenge was made by the writ petitioners in WP (C) No. 2963 of 2014 before this Court alongwith similarly other situated persons that the Khalasis under the PHE Department were denied of any promotional avenues and in fact, the vacancies which occurred at the relevant time was sought to be filled up through direct recruitment by floating an Advertisement. The writ petition that was filed by the said Khalasis was registered as WP (C) No. 434 of 2011. During the proceedings of the case, it was noticed that the Advertisement for filling up the post of Sectional Assistant by direct recruitment had not been finalized and taking into account the fact that there was no recruitment rules for the post of Section Assistants, this Court disposed of the writ petition on 28.4.2011, by directing the respondent authorities to examine the desirability of having recruitment rules for the post of Section Assistant to be filled up by promotion or direct recruitment or both. 4. The said decision was not acted upon by the respondent authorities which prompted filing of the second writ petition under registration number WP(C) No. 2428 of 2013 and which came to be disposed of vide order dated 30.8.2013. 4. The said decision was not acted upon by the respondent authorities which prompted filing of the second writ petition under registration number WP(C) No. 2428 of 2013 and which came to be disposed of vide order dated 30.8.2013. This Court while disposing of the said writ petition took into account the submissions made by the learned counsel representing the PHE Department that the reservation of post in the ratio of 50:50 by direct recruitment and promotion as contemplated vide letter dated 10.4.2013 was modified by a decision taken on 31.5.2013 to fill up the existing vacant posts in Grade-III or Grade-IV in the ratio 60% by promotion and 40 % by direct recruitment. Considering such submission, the writ petition was disposed of by permitting the authorities to take steps for filling up the posts in terms of the decision taken on 31.5.2013. 5. Pursuant to the disposal of the two writ petitions, the State respondents have drafted a draft recruitment rules in the PHE Department for filling up of Grade-III and Grade-IV post in the name and style of “Public Health Department, Grade-III and Grade-IV Field Level Employee (Non-Gazetted) Service Rules”. With the draft rules in hand, the PHE Department floated an advertisement for filling up three posts of Junior Assistant/Section Assistant while prescribing the educational qualification as Higher Secondary School Leaving Certificate (HSSLC) examination pass from a recognized Board or University. The three petitioners in WP (C) No.2963 of 2014 along with other eligible candidates responded to the advertisement and the petitioners came to be finally recommended by the Selection Committee which held its meeting on 9.1.2014. Despite the writ petitioners being recommended, the respondent authorities have not acted upon the recommendation till date. 6. Appearing for the writ petition in WP (C) No. 2963 of 2014, Mr. DK Sharma submits that despite reminders to the Chief Engineer concerned by the Deputy Secretary to the Government of Assam, PHE Department, the petitioners have still not been promoted in terms of the recommendation made the Selection Committee which led to filing of the writ petition. 7. Mr. P Mahanta, appearing for the writ petitioner in WP © No. 2858 of 2014 submits that the State respondents are yet to finalize the recruitment rules for the post of Section Assistants/Junior Assistant and pending such finalization, the recommendation of the Selection Committee held on 9.1.2014 cannot be acted upon. 7. Mr. P Mahanta, appearing for the writ petitioner in WP © No. 2858 of 2014 submits that the State respondents are yet to finalize the recruitment rules for the post of Section Assistants/Junior Assistant and pending such finalization, the recommendation of the Selection Committee held on 9.1.2014 cannot be acted upon. To substantiate his submissions, Mr. Mahanta refers to the communication dated 1.10.2013 addressed to the Chief Engineer, PHE Department by the Deputy Secretary to the Government of Assam with instruction that pending finalization of the draft service rules, the promotion process of Khalasis to the post of Section Assistants is to be kept in abeyance. Such being the position, the question of promoting the recommended candidates in terms of the recommendation of the Selection Committee meeting minutes dated 9.1.2014 does not arise. 8. Mr. SC Biswas, learned counsel for the writ petitioner in WP (C) No. 1920 of 2015 adopting the submissions made by the learned counsel Mr. P Mahanta submits that in fact, the petitioners and those similarly situated persons have been rendering their service under the PHE Department as Khalasis for the past several years without any promotion while they are entitled to at least one promotion during their service career. By referring to the draft recruitment rules, he submits that educational qualification of HSSLC fixed is without any justification and is most arbitrary in as much as most of the Khalasis who have been rendering their services for the past several years possess educational qualification only upto the level of HSLC. Therefore, unless the respondent authorities consider this aspect of the matter, the draft service rules prescribing HSSLC as the minimum qualification for being considered for promotion to the post of Section Assistant/Junior Assistant should not be finalized. 9. At the stage, appearing for the PHE, the learned Standing Counsel Mr. PN Goswami submits that although the draft recruitment rules annexed by the private respondents in WP (C) No. 2858 of 2014 indicates the educational qualification as HSSLC or equivalent, the instructions he has received from the Chief Engineer (PHE), Water, Assam provides for the educational qualification as HSLC for departmental promotion. By referring to the additional affidavit filed by the writ petitioner in WP (C) No. 2858 of 2014, Mr. By referring to the additional affidavit filed by the writ petitioner in WP (C) No. 2858 of 2014, Mr. Goswami submits that on the other hand, the advertisement issued by the Executive Engineer (PHE), Tezpur Division –II for the post of Junior Assistant again indicates that the minimum qualification of HSLC pass would be required for filling up the post on direct recruitment basis. He therefore fairly submits that there is no uniform procedure followed for the recruitment or promotion of the eligible persons to the post of Section Assistants/Junior Assistant under the PHE Department. He further submits that under such circumstance, the respondent authorities may be permitted to take a proper decision in the matter. 10. I have considered the submissions advanced by the learned counsel for the parties and I have also perused the materials available on record. From the various documents that has been annexed in the writ petition and in the response filed by the respective respondents, it can be seen that the State respondents are yet to finalize the recruitment rules for the post of Section Assistants/Junior Assistants. The recommendation of the Selection Committee meeting minutes dated 9.1.2014 recommending the three writ petitioners in WP (C) No. 2963 of 2014 are also admittedly yet to be acted upon. However, in respect of one Khalasi i.e Dilip Choudhury, promotion has been given to him on 2.7.2013 to the post of Junior Assistant which perhaps is the only promotion that has been made under the draft recruitment rules. 11. Considering the controversy about the educational qualification for being considered for promotion to the post of Section Assistants/Junior Assistants, this Court is of the opinion that State respondents, more particularly, Secretary to the Government of Assam, PHE Department should take a decision by considering the grievance that has been advanced by the petitioners in its entirety before any promotion can be made to the post of Section Assistants/Junior Assistant in the PHE Department and such decision should be taken as early as possible in view of the fact that the Selection Committee conducted its meeting as far back as on 9.1.2014. 12. In that view of the matter, the Secretary to the Government of Assam, PHE Department is directed to finalize the recruitment rules for the post of Section Assistants with due process by considering the grievance raised by the petitioners and all other similarly situated persons. 12. In that view of the matter, the Secretary to the Government of Assam, PHE Department is directed to finalize the recruitment rules for the post of Section Assistants with due process by considering the grievance raised by the petitioners and all other similarly situated persons. The said exercise should be done as expeditiously as possible and not later than a month from the date of receipt of a certified copy of this order. 13. Pending finalization of the recruitment rules, status–quo shall be maintained with regard to the recommendation of the Selection Committee meeting minutes dated 9.1.2014. It is needless to observe that if the persons recommended by the Selection Committee on 9.1.2014 are found to be qualified in terms of the finalized recruitment rules to be made, the recommendation of the Selection Committee will have to be acted upon. 14. With the above observations and directions, writ petitions are disposed of. No costs.