WP(C) 1095/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. B. Chakraborty, leaned Counsel appearing for the writ petitioner in WP (C) No. 509/2011. Also heard Mr. A.D. Choudhury, learned Counsel appearing for t he writ petitioner in WP(C) No. 1095/2011. The private respondent Chandmahammad Ali is represented by Mr. B. Sarma and the officials of the Education Department are represented by Ms. N. Barua, the learned Standing Counsel. 2. The 3 teachers of Borigog Hajo Higher Secondary School, Khudradimu of K amrup District have an ongoing seniority dispute amongst themselves and each of them claims a right over the other 2, for being posted as the In-charge Principa l of their school. 3. In WP(C) No. 509/2011, posting of Chandmahammad Ali by the Director of S econdary Education, Assam on 18.1.2011, as the In-charge Principal is under chal lenge, whereas in WP(C) No. 1095/2011, how the charge of In-charge Principal is given to another by ignoring the claim of the writ petitioner, is being question ed. 4. In order to ensure smooth functioning of the school, the Director of Sec ondary Education, Assam during the pendency of these cases, has passed an order on 25.3.2011, allowing the Assistant Inspect of Schools, KDC, Guwahati to hold t he charge of Principal of the Borigog Hajo Higher Secondary School, under FR 49( C). 5. Faced with the fact that some other authority, other than the 3 contende rs is given the right to hold the charge of office, Mr. B. Chakraborty; Mr. B. Sarma and Mr. A.D. Choudhury, learned Counsels representing the 3 rivals submit that direction be given to the Commissioner and Secretary to the Government of A ssam, Department of Secondary Education to resolve the seniority dispute between the 3 contesting teachers and on that basis, to post the senior most amongst th em, as the In-charge Principal, till a regular Principal is posted in the school . 6. Ms. N. Barua, learned Departmental Counsel is not opposed to considerati on of the said prayer of the contesting teachers. 7. In view of above, the Commissioner and Secretary to the Government of As sam, Department of Secondary Education is ordered to consider the seniority clai m of Khabiruddin Ahmed, Sarbeswar Kalita and Chandmahammad Ali, the 3 teachers of the Borigog Hajo Higher Secondary School after affording an opportunity to al l the 3 contenders. Thereafter a decision on the merit of the claim shall be tak en by the Commissioner and the senior most amongst them should be posted as the In-charge Principal of the school. The requisite exercise in this regard be expe ditiously completed preferably within a period of 8 weeks, from the date of rece ipt of the respective representation(s) of the contesting teachers. It is ordere d accordingly. 8. Both the cases are disposed of accordingly.