WP(C) 3767/2010 BEFORE THE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr. BC Das, learned Senior counsel, assisted by Mr. BP Sinha, Advo cate appearing for the petitioner. Also heard Mr. SK Das, learned Standing couns el, Education Department, Assam and Mr. J Chutia, learned counsel appearing for respondent No.5. Considering the grievance raised and as agreed to by the learned counsel appearing for the parties, this writ petition is disposed of at the motion stag e itself. The matter relates to holding the charge of Headmaster-in-charge of Kako jan Girls’ High School, Jorhat. At the very outset, the learned counsel appearin g for the respondents have submitted that the issue raised in the instant writ p etition has already been decided by this Court in 2007 3 GLT 389 (Jagannath Pegu Vs. State of Assam & Ors.) wherein it was held that person who does not possess the qualification prescribed by the statutory Rules for the post of Headmaster is not eligible to hold the post, when there are teachers with the requisite qua lifications to hold the post of Headmaster is available in the School itself. The petitioner has challenged the appointment of respondent No.5 as Head master of the School on the ground of being the senior most teacher in the said school. Inspite of she being the senior most teacher of the school, vide order d ated 15.06.2010, the respondent No.2, allowed respondent No.5 to hold the charge of Headmaster-in-charge. Thus the instant writ petition praying for a direction to the authority to cancel the impugned order dated 15.06.2010 and to allow the petitioner to hold the charge of Headmistress of the School. Rule 14(4) of the Assam, Secondary Education (Provincialised) Service Ru les, 2003 prescribed the qualifications for eligibility for the post of Headmast er and Headmistress etc. Rule 14(4) being relevant is reproduced hereinbelow: (4) Eligibility for the post of Headmaster/Head Mistress/Superintenden t/Asstt. Headmaster/Asstt. Head Mistress/Asstt. Superintendent of High/High Madr assa School as the case may be:- (i) The minimum qualification for the post of Head Master/Head Mistress/Supe rintendent/Asstt. Head Master/ Asstt. Head Mistress/Asstt. Superintendent shall be graduate in Arts, Science or Commerce with B.T. or B.Ed. degree. (ii) He/She must possess at least 10 years of teaching experience as Graduate Teacher. (iii) He/She must possess at least seven years of teaching experience as Gradu ate teacher to be an Assistant Head Master/Head Mistress/Assistant Superintenden t. According to this Rule, one has to possess the minimum qualification of graduation in Arts/Science/Commerce with B.T. or B.Ed. degree in order to be eli gible for appointment for the post of Headmaster/Headmistress. In the case in ha nd, admittedly the respondent No.5 is a graduate with B.Ed. degree whereas the p etitioner is a simple graduate only. In view of the above position as submitted by the learned counsel appear ing for the respondents, the grievance raised in the instant petition is squarel y covered by the decision in Jagannath Pegu (supra) Considering the above settled position of law, the impugned order dated 15.06.2010 is not liable to be interfered with in the facts and circumstances of the case. The writ petition being devoid of any merit, the same is, therefore, dismissed. No costs.