MC 3294/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY Shri Moheswar Das is permitted to be impleaded as respondent No.7. The applicant challenges the order dated 19.11.2011 (Annexure-B), whereb y appointment by promotion after due selection has been made to the post of Head master, inter alia, of the Japari MV School, Morigaon. The applicant claims tha t he is functioning as the In-charge Headmaster of the school and the promotion should not have been given because of the Court’s interim order of 21.10.2011 (A nnexure-A) in his favour. However it is apparent that the Court did not stay the appointment of re gular headmaster but made the appointment subject to further orders of the Court . Moreover, the applicant who participated in the promotion exercise had s ecured 39th position whereas the appointed person secured the 12th position and therefore he has a prior claim to the post. In such situation, I see no just ification to stay the process of regular appointment. But the promotion order da ted 19.11.2011 is made subject to the result of the writ petition. Misc. case is disposed of accordingly.