when the 2003 Rules had come into force. Rule 4 of the 2003 Rules, contemplates mode of recruitment to Grade-III by way of direct recruitment only from a select list prepared by the School Selection Committee under the provisions of Rule 8(c) on the basis of test and interview and, therefore, there is no promotional scope for the Grade-IV employees under the 2003 Rules. Despite the provision contained in Rule 4, the Government was upgrading posts of Grade-IV to Grade-III as appointments were made prior to 2003 and that vacancies had also arisen before 2003, but because of the Office Memorandum dated 29.12.2015, it becomes evident that posts of Grade-III in the schools will be filled up only by direct recruitment by application of Rule 4 of the 2003 Rules. Mr. Goswami has submitted that in absence of any scope for promotion for the Grade-IV employees under the 2003 Rules, the same is violative of Articles 14 and 16 of the Constitution of India. So far as the members of the petitioner Association, who were appointed prior to 2003 and who had promotional avenue, had been deprived of promotion, thereby taking away vested right for being considered for promotion. It is submitted by him that some of the members of the petitioner Association, if not all, have the requisite qualification for being appointed to Grade-III and, therefore, there is no rational in discontinuing the practice of upgrading the post of Grade-IV to Grade-III as earlier followed. It is submitted that Rule 4 of 2003 Rules is unconstitutional and void as it does not include any promotional avenue for GradeIV employees and prescribes direct recruitment as the only mode of recruitment to Grade-III. Mr. Goswami has also submitted that way back on 26.09.1973, the Deputy Secretary, Government of Assam, had written a letter (Annexure-B to the writ petition) to all Heads of Departments to follow Rule 6(5)(b), though wrongly recorded as Rule 6(6)(b) of the Assam Ministerial District Establishment Service Rules, 1967 (for short, “1967 Rules”), which provides for promotion of Grade-IV employees having requisite qualification to a reserve quota of 10% vacancies in the cadre of L.D. Assistant in amalgamated establishment of Deputy Commissioner of the District or Sub-Divisional establishments. On the basis of the same he submits that the Government at all times desired that there should be some promotional avenue for Grade-IV employees having requisite qualification to the next higher post. Referring to a letter dated 02.09.1987 (Annexure-C to the writ petition), Mr. Goswami further submits that the Director of Secondary Education, Government of Assam, had written a letter to all the Inspectors of Schools stating that there is no promotional avenue for Grade-IV employees though most of them had obtained the requisite qualifications and that steps should be taken to give preference to the qualified Grade-IV employees in provincialised schools at the time of selection for appointment of Grade-III under
