A.H. Saikia, J.

1. Heard Mr. A. Samad Choudhury, learned Sr. Counsel assisted by Mr. I. Hussain, learned Counsel for the Appellant. Also heard Mr. A.B. Choudhury, learned Counsel appearing on behalf of the private Respondent No. 4 and Mr. A. Thakur, learned State Counsel appearing for the Respondents No. 1 to 3.

2. On consent of the learned Counsel for the parties, this writ appeal is taken up today itself for final disposal instead of adjudicating upon the Misc. case being MC No. 31/03 filed by the private Respondent No. 4 for vacation/modification of the interim order passed on 21.1.03 in this writ appeal by which this writ appellate Court directed to maintain the status quo as on that date i.e., 21.1.03.

3. This writ appeal has been carried from an order dated 10.10.02 rendered in Misc. Case No. 670/02 arising out of WP (c) No. 2495/02 by the learned Single Judge vacating the interim order passed on 24.4.02.

4. The Appellant's case briefly stated, is that by the order dated 18.4.02 which has been under challenge in this related writ petition, the Private Respondent No. 4 was allowed to hold the charge of Headmaster of the school in question showing him to be the senior most