WP(C) 2165/2011 BEFORE THE HON’BLE MR JUSTICE P.K. MUSAHARY Heard Mr. A.M. Mazumdar, learned Senior Counsel assisted by Mr. M.U. Mandal, lea rned counsel for the petitioner. Also heard Mr. U.K. Goswami, learned Standing C ounsel, Education Department and Mr. HRA Choudhury, learned Senior counsel assis ted by Mr. M.Z. Shah, learned counsel appearing for respondent No. 5. The petitioner’s case as disclosed in this writ petition is that he has been ser ving as assistant teacher from 26.8.1984 in the graduate scale and he is the sen iormost teacher in the S. Ali H.S. School, Sukchar, Dhubri. On consideration of his seniority the petitioner was appointed as in-charge Principal of the said sc hool along with financial power under FR 49 (c) in addition to his normal duties as assistant teacher vice Sri Sanat Chandra Saha Principal In-charge who was t o retire on 31.03.2011 until further orders. The respondent No. 5 filed a representation before the Director of Secondary Edu cation on 31.03.2011 and against the said representation the petitioner was allo wed to work as in-charge Principal. The representation of the petitioner was con sidered and the petitioner was given personal hearing and on perusal of the rele vant records and on consideration of the matter, the Director of Secondary Educa tion, Assam passed the impugned order dated 6.4.2011 and revoked the order dated 30.03.2011 whereby the petitioner was allowed to hold the charge of Principal I n-charge, and in his place allowed the respondent No. 5 to hold charge of the Pr incipal In-charge of the said school. The respondent No. 5 also claimed that he took charge on 8.4.2011. Mr. A. M. Mazumdar, learned Senior Counsel for the petitioner submits that the r espondent No. 5 has not taken over charge as yet. He asserts that the petitione r has not handed over charge to respondent No. 5. Mr. Goswami, learned Standing Counsel, Education Department submits that under t he provision of Rule 24(2) Sub-Rule VIII, this matter may be referred to governm ent for taking appropriate decision. I have perused the Rule 24(2) (Viii) of the Assam Secondary Education (Provincialised) Rules, 2003, which is reproduced as under :- in case of any disputes the matter with full detail shall be referred to the Go vernment whose decision thereon shall be final. The learned counsel for the parties are in agreement that the matter may be refe rred to the Government for taking final decision under the aforesaid provision o f the Rules. They also submit that both the parties may be given opportunity of personal hearing by placing the necessary documents before the authority concer ned at the time of hearing. In view of the aforesaid consensus arrived at, I dis pose this writ petition with a direction to the respondent No. 2, Director of Se condary Education to refer and place the matter before the Commissioner and Se cretary to the Govt. of Assam Education (Secondary) Department, Dispur, responde nt No. 1, who shall decide the matter after providing due opportunity of person al hearing to the parties and pass necessary speaking order in accordance with l aw. Needless to say that both the parties shall be allowed to produce their documen ts before the respondent No. 1 at the time of hearing. It is also needless to sa y that status-quo as on today in regard to holding of charge of In-charge Princi pal of the aforesaid School shall be maintained. In view of the aforesaid direct ion, the impugned order dated 6.4.2011 and 8.4.2011 shall stand quashed. It is o rdered accordingly. With the above direction, this writ petition stands disposed of.