WP(C) 5639/2004 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. M. Islam, learned Counsel appearing for the petitioner. Also Heard Mr. U.K. Goswami, learned Standing Counsel for the Education Department. The privat e respondent No.6 is represented by Mr. F.U. Borbhuya, learned Counsel. The petitioner challenges the order dated 3rd August 2004 (Annexure-5), whereby the respondent No.6 was posted as In-charge Headmaster of Dampur Girls M .E. School, Kamrup. The petitioner challenges the said order by claiming that h e has a better right to be posted as In-charge Headmaster as he was senior to th e respondent No.6. Mr. F.U. Borbhuya, learned Counsel points out that the initial status q uo order passed by this Court in favour of the petitioner on 10.8.2004 was subse quently vacated on 15.10.2004 after considering the Misc. Case 2689/2004 filed b y the respondent No.6 and respondent No.6 was thereafter posted as In-charge Hea dmaster of the school. The respondent No.6 also produces the order dated 25.11.2004 issued by t he District Elementary Education Officer, Kamrup to show that in pursuant to reg ular selection of the District Level Selection Committee, Kamrup, the respondent No.6 was promoted to the post of Headmaster on retirement of the regular Headma ster and the writ petitioner having been placed lower in merit in the selection, was not considered for such promotion. The learned Counsel for the petitioner Mr. M. Islam agrees that the resp ondent No.6 has been promoted as regular Headmaster and is currently holding the said post on regular basis. Since posting of the respondent No.6 as In-charge Headmaster was under challenge and since he has since been promoted regularly to the post of Headmaster after due selection, I am of the considered opinion that the issue of In-charge Headma ster is not required to be adjudicated at this point of time. Accordingly this w rit petition is ordered to be closed. A copy of the order dated 25.11.2004, whereby the respondent No.6 was pr omoted as a regular Headmaster, be kept in the case record.