WP(C) 5768/2011 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI Heard Mr. S Banik, learned counsel for the petitioner, and Mr. B Choudhu ry, learned Standing counsel, Education Department. The petitioner claims to be the senior most teacher of Nehru Higher Seco ndary School, Pailapool, in the district of Cachar, he having joined the said sc hool, on 25-09-1981; whereas respondent No. 4 herein, according to the petitione r, joined the said school, as Assistant Teacher, on 31-08-1992. The school was p rovincialised. While the petitioner had been serving as Vice Principal of the sa id school the retirement, on superannuation of the person, who had been function ing as Principal of the said school, took place on 31-10-2011. The petitioner ac cordingly made a representation to the respondent No. 3, namely, Inspector of Sc hools, Cachar District Circle, Cachar, bringing to the notice of the respondent No. 3 the fact that the petitioner had been working as the Principal and that he may be made in-charge of the office of the Principal of the said school, when t he Principal of the said school retires, on superannuation, on 31-10-2011. The p etitioner’s grievance is that ignoring his representation, which he had made on 24-10-2011, respondent No. 3, namely, Inspector of Schools, District Circle, Cac har, issued a letter, on 29-10-2011, addressed to the Principal-in-Charge of the said school, asking him to allow respondent No. 4, namely, Jagadish Kairi, to l ook after the Higher Secondary Section of the said school and to allow the prese nt petitioner to look after the Secondary Section thereof. Dissatisfied with the arrangement so made on the ground that when the petitioner had been functioning as the Vice-Principal-in-Charge of the said school and the respondent No. 4 had never raised any objection, the petitioner has made this writ petition, under A rticle 226 of the Constitution of India, seeking issuance of appropriate directi on to the respondents to allow the petitioner to serve as the In-charge Principa l of the said school. While considering the present writ petition, it needs to be noted that i t is really for the State Government to take a decision in the matter and, for t his purpose the appropriate authority is the respondent No. 2, namely, Director of Secondary Education, Assam. This writ petition is, therefore, disposed of with liberty granted to th e petitioner to make addressed to the respondent No. 2, namely, Director of Seco ndary Education, Assam, a representation, within a period of 10 days from today, seeking such relief as he may deem himself entitled to, and if such a represent ation is made, respondent No. 2 shall examine the grievances of the petitioner a nd dispose of the same in the light of the relevant Government policy and in acc ordance with law within a period of six weeks from the date of receipt of the re presentation after, however, affording opportunity of hearing to all the parties concerned including the petitioner. The petitioner may furnish, to the responde nt No. 2, a certified copy of this order along with copies of the writ petition and annexure thereto. Whatever decision is taken by the respondent No. 2, the sa me shall be communicated, in writing, to the petitioner and if the petitioner fe els aggrieved by the decision(s), which may be reached by the respondents, or by the order(s), which may be passed by the respondents, the petitioner shall rema in at liberty to take recourse to appropriate provisions of law. If the petitioner make a representation within the period as specified h ereinbefore, the present arrangement, which has been made by the respondent No. 3, namely, Inspector of Schools, Cachar District Circle, Cachar, by his order, d ated 29-10-2011 (Annexure-III to the writ petition) shall remain in force until the time the representation, if made, within the specified time, by the petition er, is disposed of in terms of the directions given hereinbefore.