MC 1210/2011 BEFORE THE HON’BLE MR JUSTICE HRISHIKESH ROY In pursuant to the order passed on 27.4.2011, Shri Lakheswar Thakuria, Inspector of Schools, Sonitpur District Circle is present in Court. The Inspector of Scho ols was directed to personally clarify as to who was functioning as Principal-in -charge of the Chariali H.S. & M.P. School on 23rd June, 2010 when status quo o rder was passed by this Court. 2. The said status quo order was passed on a challenge to the order dated 1 8.6.2010, whereby the Director of Secondary Education, Assam posted the responde nt No.4 as Principal-in-charge of the school in pursuant to the seniority declar ation made in his favour on 17.6.2010, by the Commissioner & Secretary to the Go vt. of Assam, Education (Elementary & Secondary) Department. The writ petitioner however had contended that she is senior to the respondent No.4 and accordingly she should be allowed to hold charge of the In-charge Principal of the school. 3. After considering the submissions made by the rival counsel and after he aring Shri Thakuria , who is present in Court, it appears that following the imp ugned order dated 18.6.010, the respondent No. 4 joined on 21.6.2010 as Principa l-in-charge by furnishing his joining report, but the writ petitioner did not fo rmally give charge to the respondent No. 4 on that date. Nevertheless, on 24.6.2 010 in the communication made by the Inspector of Schools, the respondent No. 4 was acknowledged as the Principal-in-charge while at the same time, direction wa s given to the writ petitioner to hand over the charge of the Principal-in-charg e to the respondent No.4. 4. From above what becomes apparent is that after the respondent No. 4 was posted as In-charge Principal on 18.6.2010, he joined as In-charge Principal on 21.6.2010 without taking over formal charge of office from the writ petitioner w ho was functioning on 21.6.2010 as the Principal-in-charge of the school. Becaus e formal charge of office was not handed over, the petitioner now claims that wh en the status quo order was passed on 21.6.2010 it was she and not the responden t No. 4, who was functioning as Principal-in-charge of the school. 5. But the contemporaneous documents prima facie show that the respondent N o. 4 had joined as Principal-in-charge on 21.6.2010 and had filed a caveat on 21 .6.2010 before this Court after he joined as Principal-in-charge. The joining re port of the respondent No. 4 is marked as Annexure-D to the counter affidavit of the respondent, which was addressed to the Inspector of Schools, Tezpur. 6. Considering the controversy on the functioning of the Principal-in-charg e on the concerned date and the effect of the status quo order passed by this Co urt on 23.6.2010, I am of the view that instead of either the petitioner or the respondent No. 4 functioning as Principal-in-charge of the Chariali H.S. & M.P. School, it should be the Inspector of Schools (respondent No.3), who should dis charge the functions of the In-charge Principal, in addition to his normal duti es. This arrangement shall continue until a regular Principal is posted in the s chool. Necessary formal order to enable the Inspector of Schools to function sha ll be issued by the Director of Secondary Education immediately. 7. The Misc. Case filed by the respondent No. 4 is accordingly disposed of with the above direction. The personal appearance of Mr. Lakheswar Thakuria, Ins pector of Schools, Tezpur is dispensed with.