WP(C) 3571/2010 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY The petitioner serving as an Assistant Science Teacher in Pachim Pubthoria High School, Bhomoraguri, Nagaon District challenges the order dated 25.5.2010 issued by the Inspector of School, Nagaon whereby the private respondent No.4 Smti Pra nati Devi has been posted as in-charge Head Mistress of the said high school. Th e impugned order dated 25.5.2010 could not be enclosed to the writ petition by t he petitioner as the same was not furnished to him despite an application made u nder the Right to Information Act, 2005 (Annexure-P/3). 2. It is argued by Mr. M Phukan, learned counsel appearing for the petition er that under Rule 14(4)(i) of the Assam Secondary Education (Provincialised) Se rvice Rules, 2003 (hereinafter referred to as ’the Rules’) the eligibility for t he post of Head Master in a High School is a Graduate Teacher with 10 years’ tea ching experience with B.T. or B.Ed. Degree and the respondent No.4 does not poss es a B.T. or B.Ed. Degree and therefore is not eligible to be appointed in the p ost of Head Mistress. Accordingly it is submitted that an unqualified person sho uld not have been appointed as in-charge Head Master of the high school. 3. In support of his contention, the learned counsel relies upon a decision of this Court in Jagannath Pegu vs. State of Assam reported in 2007 (3) GLT 389 , where this Court held that a person having the prescribed qualification under the Rules should only be allowed to hold the post of Head Master on in-charge ba sis and non-qualified teacher should not be considered for such in-charge appoin tment. 4. The legal contention advanced by the petitioner is not disputed by Mr. S K Das, learned Departmental counsel who submits that the decision of the Jagann ath Pegu (Supra) applies in the present case. 5. Although the respondent No.4 is represented by her engaged counsels, non e is present to support the impugned order dated 25.5.2010 issued in favour of t he respondent No.4. 6. Accordingly having regard to the provisions of Rule 14(4)(i) of the Rule s and the decision of this Court in Jagannath Pegu (Supra), I am inclined to all ow this application. Consequently the order dated 25.5.2010 issued by the Inspec tor of School, Nagaon posting the private respondent No.4 Smti Pranati Devi as i n-charge Head Mistress of Pachim Pubthoria High School, Bhomoraguri is set aside and quashed. 7. The writ petition stands allowed accordingly.