WP(C) 9477/2004 BEFORE HON’BLE THE MR. JUSTICE P.K. MUSAHARY Heard Mr. S. Baruah, learned Counsel for the petitioner and Mr. Goswami, learned Standing Counsel, Education Department, Assam. Also heard Mr. H .K. Barman, learned Junior Government Advocate for the respondent No. 1. 2. The pleaded case of the petitioner is that she was appointed as an Assistant Teacher by an order dated 1/6/1997 issued by the Managing Committee of Hiralal Joshi M.E. School, Fancy Bazar, Guwahati (hereafter referred to as t he School) and she was allowed to draw intermediate scale of pay w.e.f. 1/8/1981 . In the meantime, she passed B.A. Examination in the year 1983 and continued to serve as Assistant Teacher in the said School. She was also allowed to function as the Headmistress of the School after the retirement of the then Headmaster o n 31/3/2000. As she (petitioner) is the senior most teacher of the said school s he claims that she should be appointed as a regular Headmistress in the vacancy arisen due to the retirement of the regular headmaster of the said School. The p etitioner was allowed to work as Headmistress only for a period of three months and thereafter no extension was granted by the authorities concerned. However, s he claims that she was allowed to work as Headmistress but she was allowed to dr aw the pay scale of Assistant Teacher. The petitioner stated that by an order da ted 29/1/2002 issued by the District Elementary Education Officer, Kamrup, the a rrangement for allowing her to work as incharge Headmistress was withdrawn and i n her place one Shri Parameshwar Sharma, respondent No. 5 was appointed as Headm aster of the said school. Being aggrieved with such action of the authorities co ncerned, she approached this Court by filing a writ petition being WP(C) 797/200 2 claiming appointment as Headmistress and for payment of salary. In the said wr it petition, this Court, as stated by the petitioner, directed the parties to ma intain status quo. 3. In the meantime, a select list was prepared on 16/6/2004 by the District Level Selection Committee for promotion of Assistant Teachers of M.E./M .E.M. Schools to the post of Headmaster. The petitioner’s name appears at Sl. No . 39 of the said list. As a selected candidate, the petitioner claims promotion to the post of Headmistress of the School where she is still serving as Assistan t Teacher. 4. No affidavit has been filed by the State respondents. 5. However, from the select list dated 16/6/2004 (Annexure E to the writ petition), it is found that the petitioner stood at Sl. No. 39 and as such she has a right to be considered for appointment/promotion to the post for whic h she was selected. No averment has been made in the writ petition that any cand idate selected by the Selection Committee have been appointed/promoted. There is also no statement to the effect that candidates below the petitioner in the sel ect list have been promoted superceding his claim. 6. From the materials placed before this Court by the petitioner, i t is found that no case has been made out by the petitioner for issuing any mand amus and/or direction to the authorities to appoint/promote her to the post of H eadmaster. It is the Executive, the official respondents who are to consider her case for appointment/promotion to the post for which she was selected. In that view of the matter, the end of justice would be served if the respondent authori ties are directed to consider her case provided the select list so prepared by t he Selection Committee is still alive and vacancy is available according to her merit position in the panel. 7. As regards the claim of arrear salary made by the petitioner, th is Court is of the firm opinion that the petitioner is entitled to get her arrea r salary including the current one provided she is rendering her services in the said school. 8. Accordingly it is directed that the respondents 2 to 4 shall con sider the case of the petitioner for appointment/promotion to the post of Headmi stress on the basis of the select list dated 16/6/2004 according to her merit po sition and subject to availability of the post and also validity of the select l ist. Be it also directed that the respondent authorities above named shall make necessary arrangement for payment of arrear salary of the petitioner including t he current one after due enquiry as to her rendering services as Assistant Teach er in the aforesaid school. Such payment of arrear salary shall be made within a period of three months from today. 9. The petitioner shall obtain a certified copy of this order and f urnish the same to the respondent authorities concerned for taking necessary act ion. The petition stands disposed in the above terms. No costs.