WP(C) 2857/2011 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY The petitioner is a contender for being posted as In-charge Principal of DIET, Sonitpur, Biswanath Chariali, as the current Principal is scheduled to retire on 30.6.2011. Mr. A. S. Choudhury, learned Senior Counsel, submits that although the petitione r joined as Senior Lecturer on 1.4.1991 and the respondent No. 4 joined as Senio r Lecturer on 5.9.1989, by virtue of the condition in the latter’s regularizatio n order dated 17.6.1994(Annexure-5), the service rendered by the respondent No. 5 prior to her regularization, shall not count towards seniority. He also points out that the respondent No. 5 in any case is junior to the petitioner, in the c adre of senior lecturer. The counsel submits that there is a possibility of igno ring the petitioner’s seniority position, because of the communication dated 9.5 .2011 of the Principal of DIET (Annexure-6), where the respondent No. 4 is shown to be senior to the petitioner in the cadre of Senior Lecturer, ignoring the co nditional regularization order dated 17.6.1994. However, Mrs. M. Gogoi Medhi, learned Standing Counsel, points out that new Rul es have come into operation in 2009 for appointment of Principal/Lecturer of DI ET and according to the current norms, the post of Principal is to be filled up on promotion and not on the basis of the selection by the APSC. In view of above submission, made by the learned Standing Counsel, Mr. A. S. Choudhury, learned Senior Counsel points out that si nce a representation has been filed by the petitioner on 11.5.2011(Annexure- 7) to the Govt, for considering his posting as Principal of DIET, the same be consi dered and disposed of on merit. Mrs. M. Gogoi Medhi, learned Standing Counsel, submits that if a direction is gi ven on petitioner’s prayer for disposing of the pending representation, she has no objection. In view of above and considering the limited nature of the order I propose to pa ss, the Commissioner and Secretary to the Govt. of Assam, Education(Elementary) Department is directed to consider the petitioner’s pending representation filed on 11.5.2011.To enable the officer to carry out the order, the petitioner will furnish a copy of this order alongwith a copy of his pending representation, to enable the Commissioner and Secretary to deal with the claim appropriately and o n the merit of the claim. It is ordered accordingly. The case is disposed of with the above order.