WP(C) 6087/2011 BEFORE HON’BLE MR.JUSTICE P.K.MUSAHARY Heard Mr. Deben saikia, learned counsel for the petitioner. Also heard M r. D.Saikia, learned Addl. Advocate General,Assam for the State respondents and Mr. U.K.Goswami, learned S.C, for the Education Department, The petitioner is presently serving as Assistant teacher at Sadar Bagan L.P.School in the district of Jorhat. He has been transferred by the respondent No. 3 in the capacity of Chairman of the Administrative Level Committee and p osted at Katanipar L.P.School in Jorhat vide order dated 12.10.11. It is submitted by the learned counsel for the petitioner that the petitioner i s not in a position to move and join at the said place of posting inasmuch as he is suffering from HBA (severe) P1VD L4 L5 w.e.f. 27.10.2011 to 09,11,2011 , In support of the said statement a medical certificate has been annexed as Annexure-C to the writ petition. Moreover, it is submitted that as per the e xisting policy, there should be at least 5 teachers at Sadar Bagan L.P.School as per pupil students ratio offered by the Government. If the petitioner is rele ased from the said school there would be only 5 teachers which would be in viola tion of the pupil students ratio. The teachers Sanmilon took up the matter in ge neral for the interest of similarly situated teachers but the Government has no t responded till today to the representation dated 24.10.11. Mr. Saikia, learned Addl. A.G,Assam submitts that there are series of ca ses filed before this court which have either been withdrawn or dismissed. The p resent petitioner is one of them. However, he was granted liberty to approach th is court again. Copy of the similar order passed by this court on 23.9.11 in W.P .(C) No. 4687/11 has been placed before this court. In the said petition , the p olicy decision of the Government which was not challenged and hence it was dispo sed of providing 7 days time to join at the original place of posting . In my considered view, the aforesaid order passed by this court covers t he present case also. However, there is an additional ground pressed by the pres ent petitioner inasmuch as he has stated that the petitioner is suffering from t he aforesaid illness and he wants to be retained at the same place of posting. M r.Saikia, learned Addl.A.G,Assam also submits that the Government is taking ste p for posting required numbers of teachers in the school where there is shortag e of teacher to maintain pupil students ratio under NCTE Regulation. The learn ed counsel for the petitioner at last made a prayer that the petitioner may be allowed to remain at Sadar Bagan L.P.School till the shortage of teacher is pos ted. I leave this aspect of the matter with the respondent-authorities to pass necessary orders as per the existing policy decision.The petitioner may file rep resentation before the appropriate authority for redressal of his aforesaid grie vance. This petition stands disposed of.