MC 826/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. D. Choudhury, learned Counsel appearing for the applicant. Also heard Mr. M.K. Sharma, learned Counsel appearing for the O.P./writ petitioner. Ms. M. Gogoi Medhi, learned Standing Counsel appears for the official respondents. The respondent No.5 in WP(C) No. 1215/2011 has filed this Misc. Case see king modification of the interim order passed by this Court on 1.3.2011, whereby status quo in the post of In-charge Headmaster of the Siddhinath Bidyamandir M. E. School of Rangia Sub-Division was ordered by the Court. Mr. D. Choudhury, learned Standing Counsel refers to the communication d ated 4th February 2011 of the D.I. of Schools, Rangia to show that following a r egular selection by the District Level Selection Committee for recruitment of He admasters, the name of the applicant is enlisted at Merit Position No. 35 wherea s the name of the O.P./writ petitioner is enlisted at Sl. No. 109. Accordingly t he learned Counsel submits that interim status quo order should not come in the way of posting a selected person as a regular Headmaster in the school. Mr. Chou dhury further submits that the writ petitioner had not challenged the regular se lection and in fact has averred wrongly that private respondent was not selected for appointment as Headmaster. Mr. M.K. Sharma, learned Counsel appearing for the O.P./writ petitioner submits that the select list of Headmaster is yet to be published and that is ho w he had no reason to challenge the selection earlier. The learned Counsel furth er submits that writ petitioner is now functioning as Headmaster since charge of office was handed over to him by the retiring Headmaster, on the basis of his s eniority in service. Having regard to the contention made, I feel that the status quo order p assed by this Court on 1.3.2011 should be clarified to say that the interim orde r shall not come in the way of posting of a selected Headmaster to the Siddhinat h Bidyamandir M.E. School and the in-charge appointee must make a way for the r egularly appointed Headmaster. The Misc. Case accordingly is allowed with this c larification.