WP(C) 16/2009 BEFORE HON’BLE MR JUSTICE AMITAVA ROY Heard Mr. Biswas, learned counsel for the petitioner and Mr. Das, learned Standi ng Counsel, Education Department. For the relief prayed for this petition is being disposed of at the moti on stage. The factual background in brief is that he petitioner is the Principa l of the Moirabari College in the district of Nagaon has been selected for his a ppointment as Principal of B.N. College, Dhubri. The resolution recommending his appointment on selection has already been approved by the Director of Higher Ed ucation. As at present there is no Governing Body at the Moirabari College, the petitioner is not in a position, inspite of the above, to hand over the charge o f his office to it to facilitate his release so as to enable him to join at the B.N.College Dhubri. As his repeated requests to the Director of Higher Educati on, Assam, for appropriate steps to ease the stalemate have been failed, he is b efore this Court. Mr Biswas while reiterating the pleaded stand of the petitioner has subm itted that as the resolution recommending his(petitioner) appointment as the Pri ncipal of the B.N.College, Dhubri, has been approved by the Director of Higher E ducation, Assam, in absence of the Managing Committee, he(petitioner) may be all owed to handover charge to the Vice Principal or the Senior most teacher of the Moirabari College. Mr. Das, learned Standing Counsel, Education Department, while submittin g that there is no administrative guidelines in this regard, has pleaded that su ch a course of action seems to be permissible under Rule 4(1)(b) of the Assam No n-Government College Management Rules, 2001( as amended). Rule 4 of the aforementioned Rules prescribes the composition of the Gov erning Body. Clause 4(1)9b) reads as hereunder . 4(1)(b) & One Secretary, the Principal of the College shall be ex-officio Secret ary of the Governing Body. Provided that if circumstances so demands, the Director may nominate Vic e-Principal or the senior most member from the teaching staff of the College to act as the Secretary in lieu of the Principal of the College, for a period of si x months, and beyond that period with the State Government’s prior approval. The proviso clearly indicates that in the exigency of a situation, the Di rector may nominate the Vice-Principal or the senior most member from the teachi ng staff of the College to act as the Secretary of the Governing Body in place o f the Principal of the Institution. In the above view of the matter, without creating a precedent and considering the singular facts and circumstances of the case, this Court is of t he view that the petitioner may be allowed to hand over the charge of the Office of the Principal of the Moirabari College to the Vice-Principal thereof. The pr ocess, however, should be supervised by the Director of Higher Education, Assam, who, in terms of this order would take appropriate steps for expeditious transi tion of the charge of the office above named. As the petitioner waits to take his assignment as Principal of the B.N.College, Dhubri, the exercise as indica ted hereinabove should be completed within two weeks from the date of receipt of certified copy of this order. The petition stands disposed. No costs.