WP(C) 1634/2010 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY In challenge is the order dated 11/2/2010 passed by the Director, Elementary Edu cation Assam modifying the place of posting of the petitioner as indicated in th e earlier order dated 4/9/2009 of the same authority thereby diverting her from S.C. Roy Girls M.E. School to Budharial M.E. School. I have heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. S. Das, learned standing counsel, Education Department and Mr. H. Baruah, le arned counsel for respondent No.5. In brief, the facts necessary for the disposal of the instant proceeding are that the petitioner while serving as Asstt. Teacher in S.C. Roy Girls Schoo l was promoted to the post of Headmistress by the order conveyed vide Memo No. E AA/B/Pt/24/2009/61 dated 4/9/2009. By another order of the even date, respondent No.5 was also promoted to the post of Headmaster. By the aforementioned order r elatable to the petitioner, she was thereby posted in her own school in the said capacity. By the impugned order dated 11/2/2010 thereafter, whereas the respond ent No.5 has been brought to her school, she has been posted out to Budharial M. E. School. Being aggrieved, the petitioner is before this Court. The respondent No.2, the Director of Elementary Education Assam has clar ified that the impugned order has been passed on the basis of the representation filed by respondent No.5 indicating personal inconvenience as well as the other impediments in joining Atal Basti ME School to which he had been earlier posted in the said capacity. The respondent No.5, while reiterating the above has plea ded as well that on 3/6/2008, the petitioner had voluntarily submitted No Objec tion Certificate in the office of the Block Elementary Education Officer, Sonai so as to permit him to hold the post of Headmaster S.C. Roy Girls ME School. Th e respondent admitted to have submitted a representation on 10/2/2010 as above. On a consideration of the rival pleadings, the documents on record as we ll as the arguments advanced, this Court is of the view that it would be appropr iate if the matter is remitted to the Director of Elementary Education, Assam, t o resolve the controversy. Noticeably on the date of the promotion of the partie s, the petitioner and respondent No.5 both were Assistant Teachers of S.C. Roy G irls ME School. By two separate office orders dated 4/9/2009 both were promoted to Headmaster on regular basis. Whereas by the order of her promotion, the petit ioner was posted as Headmistress of the same school, the respondent No.5 was pos ted out in the same capacity in Atal Basti ME School. According to the responden t, he however could not take over charge as the in-charge Headmaster of the scho ol did not co-operate. The impugned order has admittedly been passed on the representation date d 10/2/2010 submitted by respondent No. 5 before the Director, Elementary Educat ion, Assam. That thereafter on 15/2/2010, a representation has also been submitt ed by the petitioner expressing her difficulties therein with a request to retai n her at S.C. Roy Girls ME School is the matter of record. As the representation has been submitted after the impugned order was passed, logically the same coul d not be attended at the relevant point of time. In this view of the matter, the impugned order cannot be said to be viti ated in law. The administrative authorities within permissible limits are expect ed to sympathetically consider the difficulties expressed by the incumbents in s ervice to further the cause of excellence and quality of service to be rendered by them. However, they are essentially required to act fairly and objectively in taking any decision in this regard. In the above factual premise, the Director Elementary Education, Assam, would now take up for consideration afresh the representations of the parties on merit and take appropriate decision in accordance with law. In order to obviate the possibility of any conflict even thereafter, it is provided that the said a uthority would accord due opportunity of hearing to the parties before finally d eciding on their representations. Having regard to the fact that the parties in their present capacity are required to urgently attend to the administrative and academic affairs of their respective schools, the aforementioned authority would complete the whole exerc ise within a period of 2 weeks from the date of receipt of certified copy of thi s order. The petition stands disposed in the above terms. No costs.