WP(C) 5125/2008 BEFORE THE HON’BLE MR. JUSTICE B. K. SHARMA Heard Mr. A. Sarma, learned senior counsel assisted by Mrs. S. Sarma, le arned counsel for the petitioners. Also heard Mr. M.K. Mishra, learned Standing Counsel, Education as well as Mr. B.D. Konwar, learned counsel representing resp ondents Nos. 6 & 7. I have also heard Mr. A. Sarma, learned counsel representing the Governing Body of the College. 2. The petitioners are aggrieved by the Annexure-19 order dated 12.3.2008 p assed by the Principal In-charge of Barkhetri College, of which they are Lecture rs. For a ready reference, the order is quoted below :- OFFICE OF THE PRINCIPAL :: BARKHETRI COLLEGE, MUKALMUA, NALBARI DISTRICT. No. BCM/2008/1106 Date : 12/3/08 This is for general information to all concerned who raised the issue of Md. Nur shahed Ali and Smt. Mamoni Bhattacharyee that the position indicated in the atte ndance register is not authentic or genuine. On perusal through the letter No. PC/HE/CC.17/2005/113 dtd. Kahilipara, the 18th April/06, I have come to know that the names of Md. Nurshahed Ali and Smt. Mamoni Bhattacharyee appear at serial No.3 and serial No.4 respectively. Fu rther, in the statement submitted by the college authority on the 12 th day of J anuary, 2001 of teaching staff the names stands as follows :- 1. Sk. Mobaroque Hussain. 2. Md. Ali Akbar Hussain, 3. Md. Nurshahed Ali, 4. Smt. Mamoni Bhattacharyee. As the first and second position holders are no more in the easteemed institutio n, the name of principal will come first followed by Md. Nurshahed Ali will come second and Smt. Mamoni Bhattacharyee will come third. Therefore, the daily attendance register of teaching staff prepared by the incha rge of Academic Committee Md. Abdul Rouf duly certified by the Principal I/C wil l henceforth continue forthwith. Sd/- Principal I/C Barkhetri College, Mukalmua . 3. The Principal In-charge of the College is the Circle Officer, Barkhetri Revenue Circle, who by Annexure-14 order dated 5.12.2007 was requested to take o ver the current charge of the College to look-after the day to day functioning o f the Barkhetri College temporarily as a stop-gap arrangement till an alternativ e arrangement was made. The order was issued by the President of the Governing B ody of the College. 4. While the Circle Officer was looking after the day to day functioning of the College as the Principal In-charge, he passed the above quoted impugned ord er dated 12.3.2008. Admittedly, while doing so, he did not put the petitioners t o any kind of notice. That apart, the order was also passed without consulting t he Governing Body of the College which had appointed him as the In-charge Princi pal. 5. Without expressing any opinion on merit of the case of the respective pa rties, this writ petition is disposed of by setting aside and quashing Annexure- 19 order dated 12.3.2008. Consequently the reflection made in the Annexure-17 pr ospectus regarding the seniority position of the Lecturers also stands interfere d with. The matter shall, now, go back to the Governing Body of the College for a proper decision in the matter in accordance with law and in consultation with the relevant records. If any approval is required to be obtained from the Direct or of higher Education or any other authority, the Governing Body will be entitl ed to obtain the same. Needless to say that while deciding the issue, all the in terested parties may be given a fair hearing. 6. With the above directions, the writ petition stands disposed of, without however, any order as to costs.