WP(C) 1384/2005 BEFORE HON’BLE MR JUSTICE P.K. MUSAHARY Heard Mr. P.J. Phukan, learned counsel for the petitioner and also heard Mr. M.K. Mishra, learned standing Counsel, Education Department. None appears f or the respondent No. 4. The petitioner’s case is that an advertisement was issued on 5.8.2003 by the Man aging Committee of Tulsibari Bahumukhi Higher Secondary School, respsondent No. 4, for appointment of an English Subject Teacher on adhoc and honourary basis. In response to the said advertisement, the petitioner submitted has application and appeared in the interview conducted by the Managing Committee. He was select ed and his name appeared at serial No. 1 in the select list. One Sri Shibeswar Deka was also selected and his name was placed at serial No. 2. The principal o f the said school vide his letter dated 27.11.03 (Annexure-H 1) forwarded the se lection list to the Director of Secondary Education, Assam for his approval. By another letter dated 30.12.2003 (Annexure-I), the Principal of the aforesaid Sch ool informed the respondent Director that the petitioner has been working in the school with full satisfaction and honourarily prior to his selection. Mr. Phukan, learned counsel for the petitioner submits that although in the adve rtisement dated 5.8.2003 it was mentioned that the post would be filled up on ad -hoc and honourary basis, the School Managing Committee, by issuing a corrigend um dated 17.8.2003 clarified that the post would be filled up on regular basis under the new service rules. In this regard, the petitioner has filed an affidav it-in-reply on 28.10.2009. The petitioner is not informed as to whether the sele ct list prepared and forwarded by the School Managing Committee has been approve d by the respondent Director and thereby he has been deprived of regular appoin tment in spite of being selected by the Selection Committee. Mr. Mishra, learned Standing Counsel, on the other hand submits that in the writ petition nowhere it has been mentioned that by a subsequent corrigendum the Man aging Committee clarified that the advertisement was made for appointment on reg ular basis. The claim of the petitioner about issuance of corrigendum by the Sch ool Managing Committee can not be accepted inasmuch as the petitioner has not an nexed a copy of the same to the reply affidavit. This was not clarified by the M anaging Committee even while forwarding the select list to the respondent Direct orfor approval. As per instruction received from the respondent authorities, Mr. Mishra further submits that the respondent Director has not yet accorded approv al to the said select list. It is also submitted by Mr. Mishra that the select l ist was not forwarded by the School Managing Committee as per the provision unde r Rule 7(2)(c) of the Assam Secondary Education (Provincialised Service Rules), 2003. From the pleading and submission of the parties, it is found that a selection li st was prepared incorporating the name of the petitioner at serial No. 1 and ano ther candidate namely Sri Shibeswar Deka and their names were forwarded for appr oval by the respondent Diorector. The approval is a must under the provision of Rule 7(2)(c) of the aforesaid Rules and without such approval no appointment cou ld be made. It is an admitted position that the select list forwarded by the School Managing Committee is pending approval of the respondent Director since 27.11.2003. It i s also an admitted position that the respondent Director has not taken any decis ion in regard to approval of the aforesaid list. It is for the respondent Direc tor to take a decision as per the existing rules. The respondent Director is cas t with legal duty to act as per the provision of the rules. The aforesaid legal duty being not discharged by him, he may be directed to discharge the said duty. In view of the above, this writ petition is disposed of with the direction to th e respondent Director to take appropriate decision in regard to the list submitt ed by the School Managing Committee as per the provision under the aforesaid Rul es within a period of 2 (two) months from the date of receipt of certified copy of this order to be furnished by the petitioner along with a copy of the writ pe tition. The decision taken by the respondent Director shall be intimated to the School Managing Committee as well as to the petitioner. It is made clear that if the petitioner is working in the school concerned he ma y be allowed to continue till final decision is taken and communicated to the pe titioner. The writ petition stands disposed of.