WP(C) 3531/2008 BEFORE HON’BLE TMR JUSTICE AMITAVA ROY Heard Mr BD Das, learned counsel for the petitioner. Also heard Mr M. Kh ataniar, learned Standing Counsel, Education Department. Mr HG Baruah, learned c ounsel has entered appearance on behalf of the Respondent No.4. The petitioner’s case in short is that, he was appointed by the Managing Committee of Santipur Tribal ME School (hereafter referred to as the ’School’) on 7.5.1981 as an Assistant Teacher .The Respondent No.4 was similarly appoint ed in the very same school on 11.4.1986. The school was provincialised with eff ect from 1.9.1986. Thereafter the petitioner was allowed to hold the charge of t he office of the Headmaster of the school. While that arrangement was continuing , by the impugned order the Respondent No.4 has been permitted to hold the post on regular basis. Contending that the impugned order is unsustainable in law as he is seni or in service to the Respondent No.4. ,the petitioner has approached this Court for redress alleging that he has been arbitrarily denied the consideration f or the said post in terms of the notification dated 30.8.1986 laying down the cr iteria of seniority cum efficiency. In the meantime, he has also submitted repre sentations before the Commissioner and Secretary to the Govt. of Assam , Educati on(Elementary) Department and the Director of Elementary Education, Assam, Guwa hati for redress. Mr Das while reiterating the above has submitted that the petitioner’s g rievance for the time being would be met if this petition is closed with a dire ction to dispose of the representations mentioned above by taking into consider ation the notification dated 30.8.1986. According to him, the petitioner was lef t in the dark with regard to the process for such promotion and thereby he has been arbitrarily denied the opportunity of being considered therefor. The learned counsel for the respondents while endorsing the validity of the impugned action, however, do not raise any objection to the mode of disposa l as suggested. In the above view of the matter, this petition stands closed with a dire ction to the Director of Elementary Education, Assam to consider the petitioner’ s representation dated 4.8.2008 within a period of three(3) weeks from the date of receipt of the certified copy of this order. The said authority, as the quest ion of inter se seniority has been raised , would notify both the parties and afford reasonable opportunity of hearing to them before taking a decision on th e issue. No costs.