WP(C) 2356/2010 BEFORE HON’BLE MR JUSTICE B.K. SHARMA.. Heard Mr. D.K. Sarmah, learned counsel for the petitioner as well as Mr. M. Bhuyan, learned counsel appearing for the Respondents No.3 and 4. I have als o heard Mr. S.K. Das, learned Standing Counsel, Education Department. The petitioner, who is presently serving as Lecturer in Mathematics in C haiduar College, Gahpur against a non-sanctioned post, has filed this writ petit ion with the prayer to accommodate him against a vacancy of Lecturer in Assamese , which has fallen vacant due to resignation tendered by the incumbent. Placing reliance on Annexure-E office memorandum dated 17.7.2004 issued by the Governme nt of Assam in the Education Department, it is the case of the petitioner that s ince he has been serving in the college against the non-sanctioned post for the last about 10/11 years, his case is required to be considered in terms of the sa id office memorandum. The aforesaid office memorandum was issued on the subject of allocation of vacant sanctioned post of Lecturers to the departments of deficit grants-in-a id colleges where teachers are working without sanctioned posts by way of re-adj ustment. Under Clause 4(a) of the office memorandum, there is provision to accom modate the Lecturers in order of seniority working against non-sanctioned post a gainst the vacancy which might fall vacant in other department. However, the con dition precedent for such adjustment is that the particular vacancy is not requi red in other department and that, such adjustment is justified by enrolment in t he department. In the counter affidavit filed by the Respondents No.3 and 4, it has bee n stated that the post of Lecturer in Assamese in the college which has fallen v acant due to resignation tendered by the incumbent is essential for the departme nt having regard to the enrolment of the students in the said department. It has further been contended that the enrolment in the Mathematics department did not justify the adjustment against the vacant post of Lecturer in Assamese. In this connection, the respondents in their counter affidavit have annexed the minutes of the meeting of the Governing Body dated 23.3.2010 and the resolution adopted in the said meeting. As per the said minutes of discussion, the allocation of the post of Lecturer in Assamese to the Mathematics department will not be justi fied having regard to the enrolment of students in both the departments. By Res olution No.1 adopted in the said meeting, it was resolved unanimously not to div ert the post from Assamese department to other department. However, in the minut es of the meeting, the Governing Body has recorded full sympathy for the petitio ner having regard to his length of service in the college. During the course of hearing, Mr. M. Bhuyan, learned counsel for the Res pondents No.3 and 4 has also referred to the Annexure-2 statement showing compar ative enrolment in the departments of Assamese and Mathematics in the college to justify the stand of the college-authority not to divert the post from Assamese to Mathematics department. In view of the above, no fault can be attributed to the respondents in n ot diverting the post from Assamese to Mathematics department to accommodate th e petitioner. Consequently, no direction can be issued to the college authority to divert the post from Mathematics department to accommodate the petitioner. H owever, as the Governing Body itself expressed its sympathy for the petitioner, it is expected that in case of future vacancy in the department of Mathematics o r any other department, the college authority shall consider the case of the pet itioner applying the yardstick and parameters laid down in the said office memor andum. With the above direction, the writ petition is disposed of.