WP(C) 4629/2011 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. B. Chakraborty, learned counsel for the petitioner as well as Mr. S.C. Biswas, learned counsel for the respondent No. 4. I have also heard Ms. P. Bhattacharyya, learned SC, Education Department. The dispute in this writ petition is relating to the post of Headmaster of Narainpur Govt. Senior Basic School, Hailakandi. There is claim and rival cla im between the parties, i.e. the petitioner and the respondent No. 4 regarding t heir seniority over each other. While according to the petitioner he is senior t o the respondent No. 4, the stand of the respondent No. 4 is that he is senior t o the petitioner. The writ petition was filed on 02.09.2011. Before that, the o rder dated 26.08.2011 was passed by the Director of Elementary Education, Assam promoting the respondent No.4 to the post of Headmaster of the said school upon retirement of the earlier incumbent on attaining the age of superannuation. Acco rding to the respondent No. 4, she assumed the charge of the post of Headmaster on 01.09.2011. However, by interim order passed on 14.09.2011 direction was issu ed allowing the petitioner to continue as In-Charge Headmaster of the school. Placing reliance on the procedure of promotion to the post of Headmaster of ME/ME Madrassa/MV and Senior Basic School as laid down in the notification d ated 30.08.1986 (Annexure-IV) to MC No. 2788/2011, it is the stand of the respon dent No. 4 that the petitioner is not eligible for promotion as Headmaster as he lacks the qualification prescribed. The post of Headmaster is a promotional post and appointment to the said post is required to be made on the basis of seniority-cum-efficiency on recomme ndation of the District Level Committee to be constituted by the Director of Ele mentary Education, Assam. The teachers having less than 10 years of continuous s ervice shall not be considered for promotion. Clause-5 of the notification dated 30.08.1986 reads as follows: 5. The teachers who have passed at least Matric/ HSLC, Normal or have at least Intermediate or its equivalent qualification or above and have successfully unde rgone necessary training as may be prescribed by the Department shall only be co nsidered for promotion. However, the teachers who have completed minimum of 15 ( fifteen) years of continuous service but not facilities have been provided to hi m/her for the prescribed training may also be considered for promotion provided there is nothing adverse against them. While the petitioner is a Matriculate, the respondent No. 4 is a Graduate. Admit tedly the petitioner has not passed Normal training although he had attempted. O n the other hand, the stand of the respondent No. 4 is that he was never deputed to undergo the said training as envisaged in Clause -5 referred to above. It i s in this circumstances, placing reliance on Clause No. 5, it is the case of the respondent No. 4 that she is entitled to get the promotion to the post of Headm aster. As regards to necessary training as indicated in Clause-5, it is the st and of the respondent No. 4 that she was never deputed to undergo for such train ing, but for which she could have cleared the same. The order of promotion of the respondent No. 4 has been issued by the Director o f Elementary Education, Assam. As noted above, pursuant to the said order dated 26.08.2011, the respondent No. 4 purportedly assumed the charge of Headmaster o n 01.09.2011. Thus, learned counsel for the respondent No. 4 submits that on the date of passing the interim order dated 14.09.2011 the respondent No. 4 was hol ding the post of Headmaster and there could not have been direction to allow the petitioner to continue as In-Charge Headmaster of the school. On the other hand , Mr. Chokraborty, learned counsel for the petitioner submits that pursuant to t he said interim order dated 14.09.2011, he has been continuing as the In-Charge Headmaster of the school. Considering the matter in its entirety, I am of the opinion that ends of justice would be met if the matter is remanded back to the Director of Elementary Educa tion, Assam to resolve the issue taking into account the aforementioned facts an d circumstances and pass an appropriate order. Let the exercise shall be carried out as expeditiously as possible, but at any rate, not later than 15.01.2012. T ill then, status quo as was obtaining on 14.09.2011 may be maintained.