WP(C) 221/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY The petitioner who is qualified and is a contender for the post of Headmistress in Central Girls High School, Goalpara has approached this Court to challenge th e move to handover charge of office of the Headmaster to the private respondent No.5 Ananda Mandal, a Graduate Teacher of the school, without the requisite B.T. /B.Ed. qualification. 2. The learned Counsel refers to the order dated 30.12.2010 (Annexure-3) pa ssed by the Inspect of Schools, Goalpara to show that on retirement of the regul ar incumbent on 31.12.2010, the petitioner should have been given charge of offi ce of the Headmistress of the school. He submits that under provisions of Rule 1 4(4) of the Assam Secondary Education (Provincialized) Service Rules, 2003, the respondent No.5 is not qualified to be posted as a regular Headmaster and althou gh senior, he could not also have been posted as in-charge Headmaster, in view o f the decision of this Court in Jagannath Pegu vs. The State of Assam reported in 2007 (3) GLT 389. 3. Mr. M.K. Misra, learned Standing Counsel for the Education Department p oints out that a representation has been addressed to the Director, Secondary Ed ucation Assam (DSE) on 3.1.2011 by the petitioner and the Director being the App ointing Authority should decide as to who should be holding the post of Headmast er/Headmistress in the Central Girls High School, Goalpara. 4. Mr. U.K. Nair, learned Counsel for the petitioner is agreeable to dispos al of her representation by the DSE. 5. In view of the above agreement, the DSE is ordered to take a decision on the representation dated 3.1.2011 (Annexure-4) filed by the petitioner. The res pondent No.5 may also be afforded an opportunity before any decision is taken by the DSE. However, until the decision is taken, a non-qualified person shall not be permitted to function as Headmaster of the Central Girls High School, Goalpa ra. 6. To enable the DSE to decide on the rival claim, the petitioner would fur nish within 10 days a copy of her representation dated 3.1.2011 along with this Court’s order and the DSE may then take his decision within the next 4 weeks. 7. The case is disposed of in the above terms.