WP(C) 1621/2006 BEFORE THE HON’BLE MR.JUSTICE B.D.AGARWAL JUDGEMENT AND ORDER(oral) Heard Shri D.C.Bora, learned counsel for the petitioner and Mr. P J Saikia, learned counsel appearing for the private respondent No.4. Also hear d Mr. M Dutta, learned standing counsel Education Department. 2. The controversy in this writ petition relates to appointment of Headmast er/Headmistress in Swahid Anil Bora Girls High School. The petitioner is claimin g himself to be senior to respondent No.4 as Graduate Teacher. However, the priv ate respondent No.4 is disputing the said fact. 3. According to Shri Bora, learned counsel for the petitioner, the petiti oner initially joined as Hindi Teacher at Mohkhuli High School in the year 1982 and the said school was provincialised on 28.5.1985. Thereafter the petitioner w as transferred from Swahid Anil Bora Girls High School in the public interest on 19.1.1990. On the other hand, the respondent No.4 joined the school in the yea r 1975. However, her school was provincialsed only on 1.3.1988 and from this dat e she become a graduate teacher. At the same time, in the letter dated 28.2.2006 the previous Headmistress of the School put the writ petitioner above the respo ndent No.4 in the seniority in Graduate Scale. Learned counsel for the responden t No.4 have objected to fixation of seniority since the basis of seniority has not been clarified in the letter addressed to the Inspector of Schools. 4. The above apart, the petitioner is senior Hindi Teacher, having qualif ication of Pravin. Section 2 (n) of the Assam Secondary Education (provincialise d) Service Rules, 2003 defines Graduate Teacher . For ready reference the defin ition of Graduate Teacher is reproduced below: 2.(n) Graduate Teacher means the category of Assistant Teacher in High/Highe r Secondary/ Higher Secondary and Multipurpose/High Madrassa Schools for whose a ppointment the minimum qualification prescribed is a Graduate degree in Arts, Sc ience or Commerce including Demonstrators in Higher Secondary/ Higher Secondary & Multipurpose School. 5. Apparently the aforesaid definition has not clarified the position of teachers having equivalent degrees/qualification either in any particular subj ect or in classical field. Besides this, in memo No.PC/SCC/27/84/28 dated 28.5.1 985 issued by the Office of the Director of Secondary Education, Assam the scale of Graduate Teacher has been shown to be Rs.620/- 1315/-, whereas, pay-scale of Hindi Teacher (senior) has been shown as Rs.850/- Rs.1165/-. Strangely, in the office memorandum No. PC/SCC 11/8757/dated 9.5.1988, issued by the same authori ty, identical pay-scale of Rs.620/- 1315/- for Assistant Teacher (Graduate) and Hindi (senior teacher) has been shown. 6. The affidavit of the State does not clarify or answer th e aforesaid questions. It is true that in the transfer order the petitioner has been shown to be senior Hindi Teacher but the pleadings of the parties were not enough to ascertain as to from which date the petitioner was designated as senio r Hindi Teacher. Under such circumstances, it would be just and proper to direct the State Government to decide the controversy at the first instance. 7. Since the petitioner has already submitted a representation to t he Director of Secondary Education, Assam on 21.2.2006 the said authority is h ereby directed to dispose of the representation at the earliest possible, prefer ably within a period of 2(two) months from the date of receipt of a certified copy of this order. At the same time, both the petitioner as well as respondent No.4 are also given opportunities to file fresh representations with all necessa ry documents to expedite the matter. 8. If either party is aggrieved by the decision of the Government , he or she shall be at liberty to approach this court again. 9. With the aforesaid directions, this writ petition stands disposed of.