MC 3044/2010 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY MC No.3044/2010 has been filed by the Respondent No.6 (Dr. Chandra Kanta Goswami ) praying for recall of the interim order passed by the Court on 21.4.2010 in WP (C) No.2399/2010. Prayer is made by the applicant to secure approval of the Dire ctor of Secondary Education, Assam, to appointment of the applicant to the post of Principal, Bezera Anchalik College (hereinafter referred to as the College ) in pursuant to the selection exercise undertaken on 21.4.2010. MC No.2388/2010 has been filed by the writ petitioner challenging the communicat ion dated 28.7.10 (Annexure-V) whereby the writ petitioner has been directed to hand over the charge of Office of the Principal of the College to the Inspector of Schools, Kamrup, Guwahati to enable the authorities to take necessary steps f or release of the salary of the teachers and staff of the College. The writ petition was filed by the In-charge Principal of the College to challen ge the advertisement dated 2.4.2010 whereby applications were invited to fill up the post of Principal on regular basis. It was contended by the writ petitioner that the advertisement was defective, as minimum 15 years experience for the ca ndidates should have been prescribed as the qualification criteria and prior app roval of the Director of Secondary Education, Assam should have been secured bef ore the advertisement was issued. Considering the submissions made by the writ petitioner, this Court passed inter im order on 21.4.2010 whereby the Court ordered that approval for appointment to the post of Principal shall not be given without leave of the Court. Now MC No.3044/2010 has been filed by the Respondent No.6 claiming that although he was selected for appointment to the post of Principal he is unable to join a s regular Principal since the approval to the selection could not be given becau se of the Court’s interim order. The applicant further contends that subject to approval to be granted, by order dated 28.4.2010, the President of the Governing Body has appointed him as Principal of the College. It is submitted on behalf of the College authorities that for appointment of Pri ncipal in a Junior College, the provisions of the Regulations on Recognition of Higher Secondary and Junior College, (1989) (hereinafter referred to as the Reg ulations ) apply and under Clause 7(a) of the Appendix -III to the Regulations, the minimum teaching experience of 10 years is prescribed. Accordingly, it is su bmitted that the writ petitioner’s contention that the advertisement is defectiv e, because 15 years experience was not specified, is not a correct submission in law. Mr. PJ Phukan, learned counsel appearing for the writ petitioner however submits that for the recruitment of Principal in Junior College, the provisions of the Assam Secondary Education (Provincialised) Service Rules, 2003 (hereinafter refe rred to as the Rules of 2003 ) are applicable and under Rule 12 the minimum qua lification for appointment to the post of Principal has been prescribed as 15 ye ars of teaching experience as a Post Graduate Teacher. By referring to this prov ision, it is contended by Mr. Phukan that the advertisement could not have presc ribed any lesser teaching experience than 15 years and on that ground, it is con tended that the advertisement was targeted to include the candidature of the Res pondent No.6. It is further submitted by Mr. Phukan that the appointment of Insp ector of Schools, Kamrup, Guwahati as the In-charge Principal of the College wou ld create serious difficulties in the functioning of the College since the said Officer resides at a distance of approx. 30 Kms from the College. To answer the issue(s) of the appropriate experience criteria and whether the Re gulations or the Rules of 2003 apply for selection of Principal in Junior Colleg e, further pleadings would be necessary from the side of the State and it would not be convenient to give a decision on the said issue(s) at this stage of the p roceeding. Since there is a tussle for the post of the Principal of the College where the w rit petitioner makes a claim on the basis of her seniority and the Respondent No .6 makes a claim on the basis of his selection made on 21.4.2010, an interim arr angement must be made so that the Lecturers and Non-teaching staff are not depri ved of their due salaries in the absence of a functioning Principal. It must also be noted that approval to the regular selection could not be grante d by the departmental authorities, in view of the Court’s interim order and the writ petitioner had kept away from the regular selection process held on 21.4.20 10, although she applied in response to the advertisement. Considering the above, I am of the considered opinion that instead of permitting either the writ petitioner or the Respondent No.6 or even the Inspector of Scho ols, Kamrup, Guwahati to function as In-charge Principal, it would be appropriat e to permit the next Senior-most Lecturer of the College to function as In-charg e Principal in the interregnum. The communication of the Director of Secondary Education, Assam, made on 27.8.20 07 shows that Smti.Depali Devi is the next Senior-most Lecturer of the College a nd this position is also accepted by the learned counsels appearing for the Coll ege authorities and the Private Respondent No.6. Accordingly, this Court considers it appropriate to direct that until the writ p etition is decided, Smti. Depali Devi be permitted to function as In-charge Prin cipal of the College instead of either the writ petitioner or the Respondent No. 6. It is ordered accordingly. Necessary steps for appointment of Smti. Depali Devi as In-charge Principal be t aken by the Governing Body of the College and the Director of Secondary Educatio n, Assam. Both the Misc. cases are disposed of accordingly with the above directions.