WP(C) 5737/2007 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA The petitioner who is holding the charge of the Principal of Salbari Col lege (Jr.) filed this writ petition challenging Annexure-13 resolutions adopted by the Governing Body of the college in its meeting held on 14.06.2007. As per t he resolution adopted in the said meeting, the Governing Body decided to accept the recommendation made by the selection committee for appointment of regular P rincipal of the college. As per the said resolutions, the respondent No. 5 was r ecommended for appointment as regular Principal of the college. Prior to the aforesaid Annexure-13 resolutions, the Governing Body of th e college had adopted Annexures- 2 and 3 resolutions dated 26.04.07 and 02.05.07 respectively allowing the respondent No. 5 to act as In-Charge Principal of the college. The petitioner has also challenged the said two resolutions. It appear s that the petitioner had earlier approached this Court by filing W.P.(C) No. 25 36/07 challenging the decision of the college authority to appoint the responden t No. 5 as the Principal In-Charge of the college. The writ petition was dispose d of by order dated 30.05.07 providing that the competent authority would examin e the matter regarding entitlement of the petitioner to be appointed as In-Charg e Principal of the college and only thereafter would accord necessary approval f or appointment of the respondent No. 5 as Principal In-Charge. It is on record that presently the petitioner is the Principal In-Charge of the college. The aforesaid Anenxure-13 resolutions were adopted by the Gover ning Body of the college on the basis of the selection conducted for appointment of regular Principal pursuant to regular recruitment process. It is on record t hat the petitioner also participated in the said selection process. As per the s election conducted by the appointed selection committee, the respondent No. 5 is the first nominee and the Governing Body of the college after adopting the afor esaid Anenxure-13 resolutions, sent the proposal alongwith the relevant document s to the Director of the Secondary Education, Assam for according necessary appr oval towards appointment of the respondent No. 5 as the regular Principal of the college. According to Mr. R. Baruah, learned counsel for the petitioner, he bein g senor to the respondent No. 5, the selection Board and the Governing Body of t he college ought to have considered that aspect of the matter. He further submit s that there were anomalies in conducting the selection and accordingly, the imp ugned resolutions are liable to be interfered with. Mr. A. D. Choudhury, learned counsel for the respondent No. 5 on the oth er hand submits that the selection was duly conducted in which the petitioner al so participated. He submits that after failure of the petitioner in the selectio n, he cannot turn around the same so as to question the very selection. As per the affidavit in opposition filed by the respondent No.2, the mat ter is still pending with the said authority, i.e. the Director of Secondary Edu cation, Assam. It has been stated in the affidavit that a proposal for approval of SIU from the Finance Department had been submitted to the Govt. vide letter dated 16.08.07. According to Mr. Choudhury, learned counsel for the respondent N o. 5, necessary formalities towards appointment of the respondent No. 5 as regul ar Principal have not been completed by the official respondents due to pendency of the instant writ petition. Mr. U.K. Goswami, learned Standing counsel, Education Department, submit s that once the writ petition is disposed of, necessary follow up action would b e taken strictly in accordance with rules. Considering the matter in its entirety, this writ petition is disposed o f providing that the Director of Secondary Education, Assam and the other author ity of the State Govt. may act upon the Annexure-13 resolutions after observing all the necessary formalities. While doing so, the said authority may also take into account the objections, if any, which may be raised by the petitioner in re spect of selection and appointment of the respondent No. 5. Let the entire exercise be carried out as expeditiously as possible, but at any rate, not later than 30.09.2010. Till a finality is arrived at in the ma tter, the status quo as on today shall be maintained.