WP(C) 6597/2010 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA The grievance made in this writ petition is in respect of Annexure-E ord er dated 29.11.2010 passed by the Director of Elementary Education, Assam by whi ch it has been held that the respondent No. 5, Md. Alepuddin Ahmed, had continue d to serve as Headmaster of the Madrassa in question and his claim is genuine. B y the said order the District Elementary Education, Dhubri has been directed to allow the respondent No. 5 as Headmaster of Gaurangtari Feskarmari MEM. The aforesaid order has been passed in terms of the order dated 19.10.09 passed in W.P.(C) No. 2708/07 filed by the respondent No. 5. By the said order, the District Elementary Education Officer, Dhubri was directed to make an enqui ry relating to the aforesaid case and to submit the report to the Director of El ementary Education, Assam. It was also provided that on receipt of such report, the Director would pass necessary order. When the matter rested thus, the petitioners had approached this Court b y filing W.P.(C) No. 6284/2010 which was disposed of by order dated 26.11.2010 w ith the direction that while disposing the matter in terms of the earlier order dated 19.10.09 passed in W.P.(C) No. 2708/07, the petitioner and the Managing Co mmittee of the school in the instant case should be heard. Ms. M. Gogoi, learned Standing counsel was directed to obtain instruction as to whether the Annexure- E impugned order dated 29.11.2010 has been passed taking n ote of the aforesaid order dated 26.11.2010 passed in W.P.(C) No. 6284/2010. Mr. Khatoniar, learned Standing counsel, Education Department submits that as per i nstruction furnished to him the order dated 29.11.2010 has been passed without k nowing the order dated 26.11.2010 passed in W.P.(C) No. 6284/2010 as the same wa s not brought to the notice of the Director. While Mr. Sarma, learned counsel for the petitioners submits that the impugned o rder dated 29.11.2010 is not sustainable in law as the petitioner and the Managi ng Committee of the school were not heard towards passing the order. Mr. Uja, le arned counsel for the respondent No. 5 on the other hand submits that even if an y hearing was given to the said two parties, same would not make any difference and the same would have remained the same. Referring to the order which has been passed in detail, he submits that the Director of Elementary Education has pass ed the order taking note of the every relevant aspect of the matter. According t o him, the petitioner and the Managing Committee of the school cannot now projec t another case than the one as was made in the impugned order dated 29.11.2010. Considering the matter in its entirety and without expressing any opinion on th e merit of the case of the petitioners, this writ petition is disposed of provi ding that the Director of Elementary Education, Assam may hear the present peti tioner and the Managing Committee of the school to find out as to whether any re view of the impugned order dated 29.11.2010 is called for or not. It is provided that no adverse order shall be passed against the respondent No. 5 without affo rding any opportunity to hear him. The matter is left to the sound discretion of the Director of Elementary Education, Assam. Let the exercise be made as expedi tiously as possible preferably within one month from the date of furnishing the certified copy of this order and the copy of the writ petition and its enclosure s.