WP(C) 1999/2010 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. J. Payeng, learned counsel for the petitioner as well as Mr. S .K. Das, learned standing counsel Education Department. The petitioner claiming himself to be the senior most subject teacher of Govt. Boys Higher Secondary School, Dhubri has challenged the Annexure-B order dated 05.02.2010 issued by the Director of Secondary Education, Assam, by which the respondent No.4 was allowed to hold charge of the office of the Principal wi th financial power for a period of 3(three) months or till a regular Principal i s appointed whichever is earlier. According to the petitioner, the respondent No .4 being not qualified for appointment as Principal as per the provisions of Ass am School Service (Government Secondary School) Rules, 2009, he could not have b een given charge of the office of the Principal by the said impugned order. In t his connection Mr. Payeng, learned counsel for the petitioner has drawn my atten tion to Rule 11 of the Rules, which provides for recruitment by promotion. In te rms of which all the vacancies in the cadre of Principal shall be by promotion a s per eligibility shown in Schedule-II. Schedule-II to the Rules provides that f or the post of Principal of Higher Secondary Schools, it would be from the membe rs of Assam School Service (Junior) Class-I with 7(seven) years of teaching expe rience in the cadre. It is submitted that the respondent No.4 does not belong to Assam School Service (Junior) Class-I, but he belongs to Assam School Service ( Junior) Class-II. Mr. Das, learned standing counsel has produced the letter dated 28.04.20 10 addressed to the learned Sr. standing counsel by the Dy. Director of School E ducation, Assam, by which parawise comments have been furnished. As per said par awise comments, the respondent No.4 was allowed to hold charge of the office of the Principal for 3(three) months pending regular appointment. The parawise comm ents have also referred to the Assam School Service (Government Secondary School ) Rules, 2009. It has been stated that as per Government instruction the senior most teacher was allowed to hold the charge. Needless to say that even for temporary appointment the incumbent will h ave to be eligible and qualified as per recruitment rules. It is the definite ca se of the petitioner that the respondent No.4 being not qualified as per the afo resaid rules cannot hold the charge of the office of the Principal. By the impug ned order dated 05.02.2010 the respondent No.4 was allowed to hold the charge of Principal for the limited period of 3(three) months till regular appointment. I t is not known as to whether the regular appointment has been made or not. If the temporary arrangement is required to be continued, the Director o f Secondary Education, Assam, who passed the impugned order dated 05.02.2010 wil l have to consider the case of the incumbent in accordance with the aforesaid ru les, if the same is applicable to the case. Considering the matter in its entire ty and as agreed to by the learned counsel for the parties, this writ petition i s disposed of providing that the Director of Secondary Education, Assam while ma king temporary arrangement for Principal In-Charge ship shall consider the case of the petitioner in accordance with the aforesaid rules or any other rule appli cable to the case along with other teacher who may be found to be senior and eli gible as per the said rules. The Director shall pass a speaking order towards ma king of the temporary arrangement considering seniority and eligibility of the i ncumbents. While doing so, the respondent No.4 may also be taken into considerat ion, if he is otherwise eligible as per rules. Let the entire exercise in terms of this direction be carried out as exp editiously as possible, but in any way not later than 15.01.2011. With the above direction the writ petition is disposed of.