WP(C) 661/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY Claiming to be the senior most teacher in the Jamadarhat Janata High School of Dhubri District, the writ petitioner challenged the posting of respondent No.4 a s In-charge Headmaster of the school through order passed on 28.1.2011 by the I nspector of Schools, Dhubri. 2. The petitioner claims himself to be senior as because he joined as Class ical teacher and received his Graduate Scale of Pay before the private responden t. Unlike the petitioner who is the founder teacher, the private respondent was transferred to the Jamadarhat Janata High School only on 12.3.1987. 3. However the respondent No.4 claims seniority over the petitioner on the basis of the amendments made w.e.f. 26.7.2010 in the Assam Secondary Education ( Provincialized) Service Rules, 2003 (hereinafter referred to as the Provincial ized Rules, 2003 ). The respondent claims that for a Classical Teacher to be co unted at par, with other general Graduate teachers, he must have a graduate degr ee with the concerned Classical language as a subject and since the petitioner d idn’t have Hindi (his Classical subject) in his BA Course, he can’t be included in the graduate cadre, under the amended definition in Rule 2 of the Provincial ized Rules, 2003. 4. Considering the rival claim of seniority, this Court by an interim order of 3.5.2011, stayed the impugned order passed in favour of the respondent No.4 and directed the Inspector of Schools, Dhubri, to manage the affairs of the Jam adarhat Janata High School, without involving either the petitioner or the respo ndent No.4. 5. It is submitted by Mr. R. Ali, the learned Counsel that notwithstanding the interim arrangement ordered by the Court, because of the difficult location of the school, the Inspector of Schools is managing the affairs of the Jamadarha t Janata High School, by involving the respondent No.4. However Mr. A. Sikdar , learned Counsel appearing for the respondent No.4 submits that, no order has b een passed to enable the respondent No.4 to discharge any such function on behal f of the Inspector of Schools. Further difficulty is projected by Mr. R. Ali in implementation of the Court’s interim order of 3.5.2011 by pointing out that rec ently, the Inspector of Schools, Dhubri has been placed under suspension. 6. Intervening at this stage, Mr. S.K. Das, learned Standing Counsel submit s that till regular Headmaster is posted, instead of the school being looked aft er by the Inspector of Schools, the senior most teacher should be posted as the In-charge Headmaster. In so far as the rival claim of seniority, the Standing Co unsel submits that reference may be made to the Government under Rule 24(2)(viii ) of the Provincialized Rules, 2003, for resolving the seniority dispute betwe en the petitioner and the respondent No.4, Kabir Hussain. 7. Mr. R. Ali for the petitioner and Mr. A.R. Sikdar for the respondent No. 4 are agreeable to adjudication of their seniority dispute by the Government, in terms of the provisions of Rule 24(2)(viii) of the Provincialized Rules, 2003. However both the Counsels pray for a time bound decision, as functioning of the school is affected, because of the ongoing tussle. 8. Considering the above and taking into account that the petitioner is rea ching the age of superannuation on 16.11.2011, the Commissioner and Secretary of the Government of Assam, Department of Secondary Education is directed to decid e who amongst the 2 is the senior most teacher in the Jamadarhat Janata High Sch ool, by affording a hearing to the petitioner and the respondent No.4. To faci litate the consideration, the claimants may give individual representation and t he Commissioner will then decide the issue with a speaking order, within the per iod of 6 weeks, from the date of receipt of respective representations of the pe titioner and the private respondent. Until the decision is given by the Commissi oner, the present arrangement would continue in the school. 9. The case is disposed of with the above order without any order of cost.