WP(C) 6841/2010 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard the learned Counsel appearing for the petitioner. The official re spondents are represented by Mr. M.R. Pathak, learned Standing Counsel. Mr. P.P. Barua, learned Counsel appears for the respondent No.4. 2. The petitioner who was posted as In-charge Headmaster of the Ganak Pukhu ri High School in Barpeta District by order dated 2.4.2004 (Annexure-5) challe nges the order dated 14.12.2010 (Annexure-8), whereby the petitioner is replaced by the respondent No.4, as the In-charge Headmaster of the school. 3. The petitioner contends that earlier because he was considered as the se nior most Assistant Teacher of the school, he was made the in-charge Headmaster and having continued as the In-charge Headmaster for last over 6 years, his func tioning should not have been disturbed, without determination of inter-se senior ity between him and the private respondent. 4. Representing the respondent No.4, Mr. P.P. Barua, learned Counsel conten ds that both the petitioner and the respondent No.4 were inducted into Graduate teachers Scale w.e.f. 1st February, 1985 when the school was provincialized. But since the respondent No.4 had joined the school earlier on 4.5.1977 as against the petitioner who joined later on 1.5.1978, the respondent No.4 is to be consid ered senior. 5. Mr. M.R. Pathak, learned Standing Counsel submits that the respondent No .4 having joined as a Graduate Classical Teacher, came into the Graduate Teacher s Cadre by virtue of the amendment made in the Assam Secondary Education (Provin cialized) Service Rules, 2003 (hereinafter referred to as the provincialized Ru les ) and since the amendments were brought into effect in pursuant to the Full Bench decision of this Court in Rukmini Bora vs. State of Assam reported in 200 9 (3) GLT 834, the seniority of respondent NO.4 is required to be counted from his date of joining in the school as Graduate Classical Teacher. Accordingly Mr . Pathak contends that since the respondent No.4 had joined in the school earlie r to the petitioner, he has been considered to be senior and has been posted as the In-charge Headmaster, by the impugned order dated 14.12.2010. 6. The Full Bench of this Court in Rukmini Bora (Supra) has declared that Graduate Classical Teachers are entitled to seniority from the date of their ini tial appointment and since the respondent No.4 is a Graduate Classical Teacher i n Sanskrit, he is entitled to have his seniority counted from the date of his ap pointment. But unfortunately while relieving the petitioner and posting the resp ondent No.4 as the In-charge Headmaster, the Director of Secondary Education (DS E), Assam had not made declaration of inter-se seniority between the two contest ing teachers. In fact the impugned order of the DSE is conspicuous by absence of reasons. 7. It also can’t be overlooked that the petitioner was functioning as In-ch arge Headmaster of Ganak Pukhuri High School right since April 2004 and no oppo rtunity was afforded to him before the impugned order was issued on 14.12.2010 i nducting in the respondent No.4 as In-charge Headmaster in place of the petition er. Considering that reasons are absent in the order dated 14.12.2010 and the sa me was passed without affording any opportunity to the effected petitioner, I am of the view that the impugned order of the DSE can’t be sustained and the same is accordingly quashed. 8. As the Court is informed that the process of regular selection of Headma ster for Provincialized High Schools is already over, it is expected that a regu lar Headmaster in the Ganak Pukhuri High School would be posted shortly. But unt il a regular Headmaster is appointed, there may be no option but to continue wit h the In-charge arrangement and normally the senior most in the school if he is eligible otherwise, should be posted as the In-charge Headmaster. 9. Considering the above, I deem it appropriate to direct the Commissioner and the Secretary to the Government of Assam, Department of Secondary Education to determine the inter se seniority of the petitioner and the respondent No.4 by affording a hearing to both the parties. An appropriate declaration of seniorit y may thereafter be made and if regular Headmaster is not appointed till then, s enior amongst the two teachers, should be posted as In-charge Headmaster of Gana k Pukhuri High School. The necessary exercise for determination of seniority sho uld expeditiously be made within 4 weeks of this order and preferably before 20. 6.2011. It is ordered accordingly. 10. However it is made clear that the present functioning as In-charge Headm aster of the petitioner would continue until the fresh determination of seniorit y is made or till posting of a regular Headmaster, whichever is earlier. But the In-charge Headmaster shall not stand in the way of joining of a regularly selec ted Headmaster. 11. The case is disposed of accordingly with the above direction.