WP(C) 3844/2009 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. A. Mannaf, learned counsel for the writ petitioner, and Mr. A. D. Chou dhury, learned Standing counsel, Education Department, Government of Assam, appe aring on behalf of respondent Nos. 1, 2, 3 and 4. This writ petition, filed under Article 226 of the Constitution of India, basica lly seeks determination of inter se seniority between the petitioner, namely, Md . Abdur Rashid Khan, and the respondent No. 5, namely, Md. Nurul Inslam, both of whom are Assistant teachers of Salpara M.E. Madrassa, at Dhing, in the district of Nagaon. As the determination of the question of seniority would be in the c ontext of the facts of the case, arriving at the conclusion of such a disputed q uestion of facts would require making of roving enquiry. A writ proceeding is n ot an appropriate proceeding for determining such disputed questions of facts. This position could not be disputed by the learned counsel for the parties appea ring before me. Considering, therefore, the matter in its entirety and in the interest of justic e, this writ petition is disposed of with direction to the respondent No. 2, nam ely, Director of Elementary Education, Assam, to hold an enquiry into the quest ion of inter se seniority between the petitioner, namely, Md. Abdur Rashid Khan, and the respondent No. 5, namely, Md. Nurul Inslam. The determination of the i nter se seniority, as directed hereinbefore, shall be done after according adequ ate opportunity to the petitioner as well as the respondent No. 5 herein to pres ent their respective cases before the respondent No. 2, namely, Director of Elem entary Education, Assam. The respondent No. 2 shall render its finding within a period of three months from the date of receipt of a copy of this order by the respondent No. 2. The petitioner may furnish to the respondent No. 2 herein a c ertified copy of this order along with a copy of this writ petition and annexure thereto. If the petitioner feels aggrieved by the decision(s), which may be reached by th e respondent No. 2, or by the order(s), which may be passed by the respondent No . 2, the petitioner shall remain at liberty to take recourse to such provisions of law as may be permissible. Until the time a decision, as directed hereinabove, is taken by the respondent N o. 2, status quo, as on today, shall be maintained in respect of the office of t he Headmaster of the Salpara M.E. Madrassa, at Dhing, Nagaon. With the above observations and directions, this writ petition stands disposed o f.