JUDGMENT : A.K. Goswami, J. Heard Mr. M. Sarma, learned counsel appearing for the petitioner in WP(C) No.2632/2014; Mr. B. Purkayastha, learned counsel appearing for the petitioner in WP(C) No.4147/2015 and petitioners in WP(C) No.6261/2017 as well as Mr. H. Baruah, learned counsel appearing for the petitioners in WP(C) 4706/2016. We have also heard Mr. D. Mazumdar, learned Additional Advocate General, Assam, assisted by Ms. P. Chakraborty, learned standing counsel, Secondary Education Department, Government of Assam and Mr. S.K. Das, learned counsel appearing for the respondent No. 5 in WP(C) No.4147/2015. 2. By these writ petitions the petitioners essentially call into question Rule 12(2)(iii) of the Assam Secondary Education (Provincialisation) Service Rules, 2003 (for short, “2003 Rules”). For the purpose of appreciation of the controversy raised, we will, primarily, refer to the pleadings in WP(C) No.2632/2014. The petitioner therein passed M.A. examination in the year 2012 and he had obtained B.Ed. degree in the year 1992. He was appointed as an Assistant Graduate Teacher of Dakshin Borbhag Girls High School, Nalbari, and he had joined in the said post on 05.06.1992. He was transferred by an order dated 02.08.2004 from Dakshin Borbhag Girls High School to Karia Higher Secondary School in public interest vice one Shri Kulesh Chandra Deka working in Karia Higher Secondary School transferred to Dakshin Borbhag Girls High School. The petitioner being the senior most Assistant Teacher of Karia Higher Secondary School was given the charge of Principal of Karia Higher Secondary School on the retirement of the incumbent Principal on 31.05.2013 by an order dated 01.07.2013. The said order dated 01.07.2013 came to be challenged before this Court by the respondent No.7 in a writ petition registered as WP(C) No.3765/2013. During the pendency of the said writ petition, by an order dated 26.07.2013 issued by the Director of Secondary Education, the order dated 01.07.2013 was withdrawn and the Inspector of Schools, Nalbari District Circle was allowed to hold the charge of Principal with financial power. The petitioner challenged the said order by filing a writ petition registered and numbered as WP(C) No.4402/2013. However, the order dated 26.07.2013 came to be withdrawn as a result of which the petitioner had withdrawn WP(C) No.4402/2013 on 08.08.2013. 3. The petitioner challenged the said order by filing a writ petition registered and numbered as WP(C) No.4402/2013. However, the order dated 26.07.2013 came to be withdrawn as a result of which the petitioner had withdrawn WP(C) No.4402/2013 on 08.08.2013. 3. Vide judgment and order dated 09.05.2014, WP(C) 3765/2013 was allowed setting aside and quashing the order dated 01.07.2013 in terms of the order dated 18.11.2009 passed in WA No.281/2009 (Sushen Chandra Das Vs. Prafulla Kr. Das and others) with a further direction to the Director of Secondary Education, Assam, to take steps for appointment of an i/c, Principal and it was also directed that till such time the exercise was carried out, the Inspector of Schools, Nalbari District Circle, would discharge the duties and responsibilities of i/c, Principal. While disposing of WA 281/2009, a Division Bench of this Court had noted that Rule 12(d), which has since been replaced by the present Rule 12, prescribed that a graduate teacher from any other school except a Higher Secondary school is ineligible for appointment to the post of Principal. It was also held that the rules for direct recruitment, particularly, with regard to eligibility, should be followed while making officiating appointment for i/c Principal. In this background, the writ petition was filed by the petitioner challenging the validity of Rule 12(2)(iii) of the 2003 Rules on the premise that Rule 12(2)(iii), which altogether excludes a graduate teacher teaching in a High School from being eligible for recruitment as Principal in Higher Secondary and Higher Secondary and Multipurpose School, is arbitrary and discriminatory. 4. Though the petitioner in WP(C) 2632/2014 was teaching in a Higher Secondary School, he did not fulfil the eligibility criteria of 17 years of teaching experience in a Higher Secondary School. As his teaching experience in High school did not count, he was ineligible to apply for the post of Principal. All the writ petitioners in this batch of writ petitions are similarly situated in the sense that because of Rule 12(2)(iii), they were not eligible for being appointed as Principal in a Higher Secondary/Higher Secondary and Multipurpose School. 5. For a better appreciation, it will be appropriate to extract Rule 12 of the 2003 Rules in its entirety: “12. All the writ petitioners in this batch of writ petitions are similarly situated in the sense that because of Rule 12(2)(iii), they were not eligible for being appointed as Principal in a Higher Secondary/Higher Secondary and Multipurpose School. 5. For a better appreciation, it will be appropriate to extract Rule 12 of the 2003 Rules in its entirety: “12. Recruitment of Principal in the higher Secondary/Higher Secondary & Multipurpose School and qualification thereof – (1) The posts of the Principal in provincialised higher Secondary Schools and Higher Secondary and Multipurpose Schools shall be filled up by direct recruitment. (2) The minimum qualifications for appointment to the post of Principal in Higher Secondary School or Higher Secondary and Multipurpose School shall be as follows:- (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 provincialised Higher Secondary School; or (iii) The candidate must have 17 years of teaching experience as Graduate Teacher in any Higher Secondary/Higher Secondary and Multipurpose School; (iv) The age must not be less than 40 years as on the first January of the year of recruitment; (v) The candidate must possess commanding personality, administrative ability and leadership skills.” 6. It is contended by Mr. Sarma as well as by the other learned counsel appearing for the petitioners that there is no intelligible differentia in excluding graduate teachers serving in High Schools from being eligible for direct recruitment to the post of Principal as graduate teacher, which is defined in Rule 2(n) of the 2003 Rules, does not make any distinction between a graduate teacher in High Schools and a graduate teacher in Higher Secondary Schools/Higher Secondary and Multipurpose Schools. It is further submitted that recruitment process to the post of graduate teacher for High School and Higher Secondary Schools/Higher Secondary and Multipurpose Schools is undertaken in one single exercise and posts of such graduate teachers are filled up on the basis of vacancies available and that the graduate teachers in High Schools can be transferred to Higher Secondary Schools and vice-versa. There is no fundamental difference between a graduate teacher working in a High School and a graduate teacher working in a Higher Secondary School/Higher Secondary and Multipurpose School and, therefore, an illusory classification is sought to be created depriving the graduate teachers working in High Schools and, to that extent, the rule must be held to be arbitrary, unconscionable and discriminatory, they contend. It is further pointed out by them that the Assam Secondary Education (Provincialisation) Service Rules, 1982 (for short, “1982 Rules”), which was holding the field prior to coming into force the 2003 Rules, did not make any such classification depriving the graduate teachers working in High Schools from being eligible for appointment as Principal. 7. Mr. Mazumdar, learned Additional Advocate General, Assam, on the other hand, while not disputing the contentions advanced that the appointment to the post of graduate teacher in High Schools as well as Higher Secondary Schools/Higher Secondary and Multipurpose Schools is taken recourse to through a composite advertisement, emphasises on the strength of a Notification dated 19.05.2012 issued by the Government of Assam that the graduate teachers serving in Higher Secondary Schools with requisite qualification for the post of Post-graduate teacher are allowed to teach relevant subjects in Higher Secondary schools and, therefore, necessarily, it has to be understood that the graduate teachers working in Higher Secondary Schools are on a different footing than the graduate teachers working in High schools inasmuch as they do not have the exposure of teaching at the Higher Secondary level. He also does not dispute that transfers are effected from High Schools to Higher Secondary Schools and vice-versa so far as they relate to graduate teachers. It is further submitted by him that the environment of Higher Secondary Schools is different from that of a High School and, therefore, when the question of appointment of Principal in a Higher Secondary School comes up, whether or not a graduate teacher was having any experience in a Higher Secondary School does become a relevant consideration and, that is why, the rules prescribe for graduate teachers working in a Higher Secondary School as eligibility criteria and, therefore, no exception can be taken to such a provision. It is further pointed out by Mr. It is further pointed out by Mr. Mazumdar that there is always a presumption in favour of validity of a rule and when the petitioners have failed to demonstrate any arbitrariness in the rule under challenge, the writ petitions deserve to be dismissed. 8. Mr. S. K. Das, learned Standing counsel, Secondary Education Department, adopts the submissions of Mr. Mazumdar. 9. We have considered the submissions of learned counsel for the parties and have perused the materials on record. 10. In the context of the assailment, it will be appropriate to consider a few relevant definitions of the 2003 rules. 11. Rule 2(q) of the 2003 Rules defines “High School” to mean the schools wherein students from Class V to X, or Classes VIII to X, as the case may be, are taught and which fall under the purview of the Assam Secondary Education (Provincialisation) Act, 1977 or which receive ad hoc grants-in-aid from the Government. Rule 2(r) of the 2003 Rules defines “Higher Secondary School” to mean the schools imparting education up to Class XII or teaching classes from Higher Secondary 1st year and 2nd year and falling under the purview of the Assam Secondary Education (Provincialisation) Act, 1977 or receiving ad hoc grants-in-aid from the Government. Therefore, the fundamental difference between a High School and a Higher Secondary School is that in a Higher Secondary School, education is imparted up to Class XII or Higher Secondary 2nd year while in a High School teaching is done maximum up to Class X. 12. Rule 2(n) of the 2003 Rules defines “Graduate Teacher” to mean the category of Assistant Teacher in High/Higher Secondary/Higher Secondary and Multipurpose Schools/High Madrassa Schools for whose appointment the minimum qualification prescribed is a Graduate degree in Arts, Science or Commerce including Demonstrators in Higher Secondary/Higher Secondary and Multipurpose School, which shall also include the Graduate Classical Teacher of Hindi, Sanskrit, Arabic, Persian, Assamese, Bodo, etc. for whose appointment a Graduate degree from any recognised university with the concerned language as a subject is necessary. 13. Rule 2(p) defines “Post-Graduate Teacher” to mean the category of Assistant Teachers in Higher Secondary/Higher Secondary and Multipurpose Schools for whose appointment the minimum qualification prescribed is a Post-Graduate degree in Arts, Science or Commerce. 14. “Classes and Cadres” are dealt with in Rule 3 of the 2003 Rules. 13. Rule 2(p) defines “Post-Graduate Teacher” to mean the category of Assistant Teachers in Higher Secondary/Higher Secondary and Multipurpose Schools for whose appointment the minimum qualification prescribed is a Post-Graduate degree in Arts, Science or Commerce. 14. “Classes and Cadres” are dealt with in Rule 3 of the 2003 Rules. Principal, Vice-Principal, Post- Graduate Teacher, Headmaster/Superintendent are placed in Class II (Senior) Cadre and Class II (Junior Cadre) includes Assistant Headmaster/Assistant Superintendent, Graduate Teacher, Hindi teacher having Bachelor Degree from any recognised University, Classical teacher (Sanskrit/Arabic/Language teacher) having Bachelor Degree from any recognised university, Demonstrator, Senior Classical Teacher without Bachelor Degree, Music Teacher, Junior Teacher/Junior Classical Teacher/Junior Hindi Teacher and Craft Teacher. 15. Under the 1982 Rules, Graduate Teacher of Higher Secondary/Higher Secondary and Multipurpose School/High School/High Madrassa and Senior Classical Teacher and Senior Hindi Teacher having Bachelor degree had been placed in Grade-IV category. The eligibility criteria for the purpose of recruitment by promotion to the post of Principal, which was in Grade-I of the service, was laid down in Rule 9 of the 1982 Rules. Rule 9(3) is relevant for the purpose of our case and, therefore, it is considered appropriate to extract Rule 9(3) herein-below: “9. Recruitment by promotion. – (1) *** *** *** (2) *** *** *** (3) A member of the service either belonging to Grade II or to Grade III and having 15 years continuous teaching experience or to Grade IV and having 17 years continuous teaching experience shall be eligible for selection for the post of Principal in Grade I of the service: Provided that in all the cases preference shall be given to candidates having a Post-graduate Degree in teaching/a degree in Post Graduate Teaching (B. Ed. Or B.T.).” 16. A perusal of the above rule goes to show that a Member of service belonging to Grade IV and having 17 years of continuous teaching experience was eligible for selection for the post of Principal. It is also discernible that the above rule did not make any distinction with regard to any of the different categories of teachers placed in Grade IV for the purpose of consideration for recruitment as Principal. In other words, a Graduate Teacher of a High School or High Madrassa was also eligible for being recruited, by way of promotion, as Principal subject to their having 17 years of continuous teaching experience. 17. In other words, a Graduate Teacher of a High School or High Madrassa was also eligible for being recruited, by way of promotion, as Principal subject to their having 17 years of continuous teaching experience. 17. As noted earlier, Rule 12(3)(iii) of the 2003 Rules makes a departure from the above position and restricts the eligibility for being recruited as Principal in Higher Secondary School only to Graduate Teachers in Higher Secondary/Higher Secondary and Multipurpose School. It is because of this exclusion of Graduate Teachers serving in High Schools that the petitioners contend that the rule is discriminatory and arbitrary as there is no rationale or intelligible differentia for making such a classification. 18. It is noticed that the Rule 12(2)(iii) speaks of 17 years of teaching experience as Graduate Teacher in any Higher Secondary/Higher Secondary and Multipurpose School. In view of the above, the submission of Mr. Mazumdar that the Graduate Teachers in Higher Secondary/Higher Secondary and Multipurpose School, being exposed to the environment of such schools is a relevant factor, does not merit acceptance in the context of the Rule. 19. When there is a common recruitment process for appointment to the post of Graduate Teacher for High School and Higher Secondary/Higher Secondary and Multipurpose School and when such Graduate Teachers of High School and Higher Secondary/Higher Secondary and Multipurpose School are part of the same cadre, the appointment as a Graduate Teacher in High School and Higher Secondary/Higher Secondary and Multipurpose School is a fortuitous circumstance over which the candidates responding to an advertisement have no choice or control. Over and above, the Graduate Teachers are transferrable – from High School to Higher Secondary School or to High School from Higher Secondary School. In such circumstance, the barrier sought to be erected by way of differentiating a Graduate Teacher in High School with a Graduate Teacher in Higher Secondary School does not commend for acceptance and the same cannot receive judicial imprimatur. In such circumstance, the barrier sought to be erected by way of differentiating a Graduate Teacher in High School with a Graduate Teacher in Higher Secondary School does not commend for acceptance and the same cannot receive judicial imprimatur. Even if the Notification dated 19.05.2012 enables a Graduate Teacher working in a Higher Secondary School to teach in Class XI and XII in given circumstances, the same cannot form the basis of a valid classification in between a Graduate Teacher working in a High School and a Graduate Teacher working in a Higher Secondary/Higher Secondary and Multipurpose School when the opportunity to serve in a Higher Secondary/Higher Secondary and Multipurpose School is not based on any known and fixed criteria. 20. According to us, having regard to the provisions of the 2003 Rules, there is no difference between a Graduate Teacher working in a High School and a Graduate Teacher working in a Higher Secondary/Higher Secondary and Multipurpose School and, therefore, Rule 12(2)(iii), in our opinion, is discriminatory and violative of Articles 14 and 16 of the Constitution of India as there is no rational and intelligible differentia in making the Graduate Teachers working in Higher Secondary/Higher Secondary and Multipurpose Schools eligible for appointment as Principal of Higher Secondary/Higher Secondary and Multipurpose School while shutting the door for the Graduate Teachers working in High Schools. 21. Considering the matter in its entirety, we are of the opinion that ends of justice would be sub-served if we read into the Rule 12(2)(iii) the expression “High School/High Madrassa School/” before “Higher Secondary/Higher Secondary and Multipurpose School”, and the expression “/or in combination of such schools” after the words “Higher Secondary/Higher Secondary and Multipurpose School”. In short, for recruitment of Principal in the Higher Secondary/Higher Secondary and Multipurpose School, apart from other qualifications, the candidates must have 17 years of teaching experience as Graduate Teacher in any High School/High Madrassa School/Higher Secondary/Higher Secondary and Multipurpose School or in combination of such schools. 22. The determination of ours, needless to say, will operate prospectively and will not impeach, in any manner, any recruitment process previously undertaken. 23. With the above observations and directions, the writ petitions stand disposed of.