WP(C) 2383/2009 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. SK Goswami, learned counsel for the petitioner and Mr. AK Sharma, lear ned counsel appearing for respondent No.4 and also heard Mr. MR Pathak, learned Standing Counsel, Education Department on behalf of the official respondents. The challenge made in this writ petition is an order dated 11/6/09 by wh ich the Director, Secondary Education, Assam, held the respondent N.o.4 to be se nior than the petitioner and allowed the respondent No.4 to hold the charge of H eadmaster of Dhubri Municipal High School. When the post of Headmaster was fall vacant due to retirement of the earlier incumbent, the petitioner and respondent No.4 were the claimants for the said post. The Inspector of Schools, Dhubri District Circle, Dhubri, on 30/1/09 directed th e earlier Headmistress of the school to hand over the charge to the petitioner t o hold the charge of the Headmaster and according to which the petitioner took o ver the charge as Headmaster of the school. The matter having been referred to the Director, Secondary Education, Assam, by the Inspector of Schools, the Direc tor vide impugned order while considering the rival claims of the petitioner and respondent No.4 and upon deciding the seniority between them held that the res pondent No.4 is senior to the petitioner and accordingly allowed the respondent No.4 to hold the charge of the Headmaster of the said school, which is the subje ct matter of this writ petition. Under the provision of Rule 24 (viii) of The Assam Secondary Education ( Provincialised) Service Rules, 2003, in case of any dispute as regards seniority between two teachers of equivalent rank arise, the matter with full detail shal l be referred to the Government whose decision thereon shall be final. Both the learned counsel for the parties agreed that a decision is in fact required for deciding the seniority and for that the matter may be sent to the Government. In view of the above submission made by the learned counsel for the par ties, the matter is referred back to the Government i.e. Secondary Education dep artment for taking an appropriate decision as regards the seniority of the petit ioner and respondent No.4 for holding the post of in-charge Headmaster of the sc hool in question. The petitioner shall file an appropriate application for deci ding his seniority before the appropriate authority of Education Department and upon receipt of such application and after issuing notice to the respondent No.4 , the said authority shall decide the seniority between the petitioner and respo ndent No.4, as expeditiously as possible. The petitioner shall file such applic ation within a period of 10(ten) days from today before the concerned authority of Education Department, Assam. A copy of such application be served upon the respondent No.4. The auth ority shall provide all opportunity to the petitioner and the respondent No.4 to have their say in the matter. The order of the Director, Secondary Education, passed earlier on 11/6/0 9 is to be interpreted as a reference order by the Government without having any affect of the directions contained thereon, till the matter is finally decided by the Government. The ultimate decision that would be rendered by the Government shall bin d the parties. The petitioner shall annex a certified copy of this order along with the application, the copies of which also be furnished to the learned Standing Coun sel, Education Department, Assam. With this order, this writ petition stands disposed of.