MC 2605/2011 BEFORE THE HON’BLE MR. JUSTICE A C UPADHYAY Heard Mr. M Hussain, learned counsel, appearing for the respondent-applicant. Al so heard Mr. D P Chaliha, learned senior counsel, appearing for the petitioner-r espondent. By filing this Misc application, the respondent-applicant, has prayed fo r vacation of the stay order passed by this Court on 12.08.2011. On perusal of t he order, dated 12.08.2011 it appears that after considering the submission that the respondent No.5, had obtained B. Ed Degree through correspondence course an d further considering that on the two dates i.e. 29.01.2011 and 01.02.2011 petit ioner-respondent may not have appeared in the Interview Board, since as stated b y writ petitioner, interview was held on 14.12.2010 this Court passed the stay o rder as follows: Considering the fact that the respondent No.5, according to the instructions re ceived by the learned counsel for the respondents, is claimed to have B.Ed Degre e, through correspondence course and it is not known as to whether such a course is or is not recognized by the respondents/authorities concerned and also the f act that the materials on record show presence of the respondent No.5 on the two dates of the interview, namely, on 29.01.2011 and 01.02.2011, whereas the inter view was held, according to the notice, dated 14.12.2010 (Annexure-F to the writ petition) in the Conference Hall in the office of the Director of Elementary Ed ucation, Guwahati, Assam, this Court is of the view that in the fact and attendi ng circumstances of the present case, there shall be an interim direction restra ining the respondent No.4 functioning as Headmaster of Kadong High School, Barpe ta. In view of the above and in the interest of justice, it is hereby, as an interim measure, directed that until returnable date, respondent No.5 shall not function as an In-Charge or regular Headmaster of Kadong High School, Barpeta, and respondent No.4, namely, Inspector of Schools, Barpeta, must ensure that thi s direction is scrupulously complied with. The respondents are left at liberty t o move this Court for modification/alteration/vacation of this interim direction . Furnish a copy of this order to the learned Standing Counsel, Education Department. Mr. D P Chaliah, learned senior counsel for the respondent by referring to the order, passed by the Director of Secondary Education, Assam dated 18th Ju ly, 2011 has submitted that the petitioner-respondent No.5 was selected by the C ommittee and on being appointed on regular basis as Head master, he assumed the post immediately, since he was working as the In-charge Head Master from 2006 ti ll his appointment as regular Head master of the School. Learned counsel for the applicant submits that interim stay order passed by this Court on 12.08.2011 ha s virtually undone, which was regularly done by the respondent authorities. It appears from the materials on record that the applicant-respondent w as regularly selected and appointed as Headmaster of Kadong High School. In term s of the said order, passed by the Director of Higher Education on 18th July, 20 11 the applicant also took charge as regular Head Master of the aforesaid school . Apparently, the interim stay order was passed on the basis of the contention m ade on behalf of the petitioner. I find no reason to tinker with the wisdom of t he selection committee at this stage of proceeding, since the appointment is alw ays subject to the outcome of the writ petition. In view of the above, the stay order passed by this Court, dated 12.08.2 011 is required to be interfered with. Accordingly, the interim stay order, date d 12.08.2011, passed by this Court is vacated. Respondent authority shall ensure that the respondent No.5 is allowed to function as Headmaster of Kadong High Sc hool as before. Misc Case stands disposed of.