WP(C) 4055/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. A. K. Hussain, learned counsel for the writ petitioner, and Mr. J. Abe din, learned Standing counsel, Education Department, Government of Assam, appear ing on behalf of respondent Nos. 1 and 2. Heard also Mr. K. Das, learned Standi ng counsel, Bodoland Territorial Council, appearing on behalf of respondent Nos. 3, 4, 5 and 6. The grievance of the petitioner is, in substance, that he has been worki ng as an Assistant Teacher for Bodo language in Bamungaon M. E. School, Kokrajha r, and that though there has been a resolution of the Governing body of the said school for extending the benefit of financial assistance to the Headmaster and Assistant Teachers of the said school in terms of the guidelines issued by the G overnment, in this regard, the Headmaster of the school concerned has not forwar ded the name of the petitioner to the appropriate authority and, in consequence thereof, the petitioner is being deprived of the payment of financial assistance . Resisting the writ petition, it has been contended on behalf of the resp ondent concerned, namely, Bodoland Territorial Council, that the very appointmen t of the petitioner was not in accordance with law inasmuch as the appointment o f the petitioner has been approved by the District Elementary Education Officer, Kokrajhar, who is not the competent authority, and, therefore, the petitioner i s not entitled to the financial assistance under the relevant scheme of the Gove rnment. Without entering into the correctness, or otherwise, of the rival submis sions made before this Court, this Court is of the view that since the writ peti tion relates to determination of mixed questions of facts and law, it is appropr iate that the matter is examined by respondent No. 4, namely, Director of Elemen tary Education, Bodoland Territorial Council, Kokrajhar. In view of the above and in the interest of justice, this writ petition is disposed of with direction to the respondent No. 4, namely, Director o f Elementary Education, Bodoland Territorial Council, Kokrajhar, to examine the grievance of the petitioner and take a decision, in accordance with law, and pas s appropriate order. The whole exercise, so directed, shall be completed within a period of three months from today. If the petitioner feels aggrieved by the decision, which may be taken by the respondent No. 4 and/or by the order(s), whi ch may be passed by the respondent No. 4, the petitioner shall remain at liberty to take recourse to such provisions of law, as may be permissible. The petitioner may furnish to the respondent No. 4 a certified copy of t his order along with a copy of the writ petition and annexure thereto.