WP(C) 1514/2004 BEFORE THE HON’BLE MR. JUSTICE T VAIPHEI Heard Mr A Malik, the learned counsel for the petitioner and Mr M Khataniar, the learned standing counsel for the Education Department, Govt. of Assam. The writ petition is directed against the order dated 16.12.2003 issued by the I nspector of Schools, Nagaon District (respondent No.3). Keeping in abeyance the earlier order allowing the petitioner to hold the charge of the Principal of Nil bagan Higher Secondary School and the subsequent order dated 16.12.2003 (Annexur e-10) allowing the private respondent to look after the academic affairs of Nilb agan Higher Secondary School in addition to his own normal duties as Asstt. Teac her. No affidavit-in-opposition has been filed by the State respondents till da te. This Court by an interim order dated 05.03.2004 stayed the operation of both the impugned orders. Since then, the petitioner continues to hold the post of P rincipal of Nilbagan Higher Secondary School on In-charge basis. The case of the petitioner is that he appeared in the selection for the post of Vice Principal held by the Assam State Selection Board and was included in the S elect List published on 15.05.1995. His name was accordingly reflected at Srl. N o.2 for the list of Nilbagan Higher Secondary School. In other words, the petiti oner was second senior most in the said school. The senior most happens to be on e Md Abdus Subhan who was placed at Srl. No.1 and was promoted I/c Principal lat er on, but he retired on 30.10.2003. According to the petitioner, the private re spondent was not selected in the Assam State Selection Board and his name was ne ver reflected in the Select List. By virtue of his seniority, the petitioner is claiming to hold the post of Principal In-chare basis. As no affidavit-in-opposi tion is filed by the State respondents, I have no alternative but to presume tha t the allegations made by the petitioner in the writ petition are true. Under the aforesaid circumstances, the writ petition succeeds. The impugned orde rs dated 16.12.2003 (Annexure-8) and dated 16.12.2003 (Annexure-10) are hereby q uashed. The parties are directed to bear their respective costs.