WP(C) 1301/2010 BEFORE THE HON’BLE MR. JUSTICE T VAIPHEI Heard Mr. A Chamuah, learned counsel appearing for the petitioner. Also heard Mr . J Abedin, learned Standing Counsel, Education Deptt., appearing for respondent and Mr. N Deka, learned counsel for respondent Nos.4 and 5. 2. This writ petition is directed against the adverse Performance Appraisal Report of the petitioner submitted by the respondent No.4/5 which prevented him from getting a Selection Grade Scale of Pay. Presently, the petitioner is servi ng as a Lecturer in the department of Assamese, Gauhati University. Prior to thi s, he was a Senior Lecturer in Nalbari College which he joined on 6.12.1993. As he is a Ph.D holder and is possessing the requisite qualifications for placement in the Selection Grade Scale of Pay even when he was working at Nalbari College , he applied for the same on 20.10.2007. By that time, he was already appointed as Lecturer in the department of Assamese, Gauhati University. The State Selecti on Board, Assam had called the petitioner for an interview for Selection Grade S cale of Pay, which he duly did on 27.11.2009. However, his case was not consider ed. On making query, he came to learn that the respondent No.4/5, who has now be come the Principal of Nalbari college had put the adverse remarks in his Perform ance Appraisal Report. The case of the petitioner is that the respondent No.4/5 became the Principal of Nalbari College on 10.3.2007 whereas the period for whic h his Performance Appraisal Report was to be prepared pertained to the period be tween 2003 and 2007. The contention of the petitioner is that as the respondent No.4/5 was not the Principal of the college during that period, he was not compe tent to prepare his Performance Appraisal Report and the Performance Appraisal R eport so prepared is, therefore, unauthorized and illegal. 3. This writ petition is contested by the State respondents as well as by r espondent No.4/5. In the affidavit-in-opposition filed on behalf of respondent N o.4/5, particularly, at para 7, it is seen that this respondent did not deny tha t he had taken the charge as the Principal of the college only on 10.3.2007. He, however, points out that he had been a Senior Lecturer in Chemistry in the Coll ege since 1976 and had been well acquainted with the petitioner. He conceded tha t the Performance Appraisal Report was not prepared on his own and it was made a t the insistence of the petitioner. From the above statements of the respondent No.4/5, it is quite clear that he was not the competent to prepare the Performa nce Appraisal Report of the petitioner. This is mainly a disputed fact before t he Court. The Performance Appraisal Report prepared by respondent No.4/5 is unau thorized, illegal and cannot be acted and the same is accordingly quashed. 4. Having said that there is still a hurdle to cross inasmuch as the former Principals of the college under whom the petitioner was serving from 2003-07 ha ve now retired from their services on superannuation. On the other hand, in the absence of such Performance Appraisal Report, the petitioner, who is otherwise e ligible for consideration of Selection Grade Scale of Pay, will be denied of thi s benefit. In this view of the matter, it is imperative that Director of Higher Education, Assam shall have to take necessary action to cause preparation of Per formance Appraisal Report of the petitioner afresh so that the petitioner will n ot be deprived of his right to be considered for Selection Grade Scale of Pay. T he Director of Higher Education, Assam is, therefore, directed to examine the ma tter and take such course of action as permissible under the law for preparation of the Performance Appraisal Report of the petitioner for payment of the Select ion Grade Scale of Pay to him within a period of 3 (three) months from the date of receipt of copy of this order. Order accordingly. The writ petition is, the refore, allowed in the manner indicated above but by directing the parties to be ar their respective costs. A copy of this order be furnished to the learned Stan ding Counsel, Education Deptt.