WP(C) 6097/2010 BEFORE THE HON’BLE MR JUSTICE I. A. ANSARI Heard Mr. B. D. Goswami, learned counsel assisted by Mr. P. K. M edhi, learned counsel appearing on behalf of the petitioner, and Mr. M. R. Patha k, learned Standing Counsel, Education Department, appearing on behalf of respon dent Nos.1, 3 and 4. Also heard Mr. D. Das, learned Senior Counsel appearing for respondent No.5, and Mr. S. Banik, learned Standing Counsel, Karbi Anglong Aut onomous District Council, appearing for respondent No.2. This writ petition made under Article 226 of the Constitution of India principally puts to challenge the impugned order, dated 5.10.2010, passed by the respondent No.4, namely, Inspector of Schools, Karbi Anglong District Ci rcle, Diphu, whereby the petitioner has been held to be junior to the respondent No.5, namely, Mr. Samuel Lakra. Aggrieved by the seniority so determined, the p etitioner has filed this writ petition seeking issuance of appropriate writ or w rits setting aside and quashing the impugned order, dated 5.10.2010, and also fo r further directions in accordance with law. While considering this writ petition, it needs to be noted that Rule 24(2)(viii) of Assam Secondary Education (Provincialised) Service Rules, 20 03 (in short, 2003 Rules) provides that in case of any dispute with regard to se niority between teachers, the same shall be referred to the Government and the d ecision of the Government shall be final. Since the present petitioner is aggrie ved by the decision/order, dated 5.10.2010, with regard to the seniority, the re medy really lies in referring the matter to the State Government for its decisio n. Considering, therefore, the matter in its entirety and in the in terest of justice, this writ petition is disposed of with direction to the Commi ssioner & Secretary to the Government of Assam, Education (Secondary) Department , to examine the grievances of the petitioner vis-à-vis the case of the responde nt No.5 and then determine the question of inter se seniority between the two in accordance with law. The decision shall necessarily be reached by the Commissio ner & Secretary to the Government of Assam, Education (Secondary) Department, up on affording opportunity of hearing not only to the petitioner and the responden t No.5, but also to such person or authority as may be required and upon perusal of the relevant records including representations and/or reports, if any. The w hole exercise shall be completed within a period of 10 (ten) weeks from the date of receipt of a copy of this order by the Commissioner & Secretary to the Gover nment of Assam, Education (Secondary) Department. The petitioner shall, within a period of 10(ten) days from today, furnish to the Commissioner & Secretary to t he Government of Assam, Education (Secondary) Department, a certified copy of th is order along with a copy of the writ petition and the annexures thereto. Whate ver decision is taken by the Commissioner & Secretary to the Government of Assam , Education (Secondary) Department, the same shall be communicated, in writing, to the parties concerned. If any of the parties feels aggrieved by the decision( s), which may be reached by the Commissioner & Secretary to the Government of As sam, Education (Secondary) Department, or by the order(s), which may be passed b y the Commissioner & Secretary to the Government of Assam, Education (Secondary) Department, the aggrieved party shall remain at liberty to take recourse to suc h provisions of law as may be permissible.