ORDER :

Ujjal Bhuyan, J.

1. Heard Mr. P.P. Dutta, learned counsel for the petitioner and Mr. J. Abedin, learned Standing Counsel, Secondary Education Department, Government of Assam.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to appoint him as regular Principal of Dr. Jakir Hussain Higher Secondary School, Alopati, Barpeta.

3. Case of the petitioner is that he joined as subject-teacher in the Nagarbera Higher Secondary School, Kamrup, Assam on 6.9.1989. Petitioner is not only a master degree holder but has also obtained B. Ed degree. He is thus eligible to be appointed as Principal of provincialised Higher Secondary Schools in the State of Assam as per Assam Secondary Education (Provincialised) Service Rules, 2003 (2003 Rules).

4. An advertisement was published on 09.09.2017 for filling up of vacant post of Principal of Dr. Jakir Hussain Higher Secondary School (School). Petitioner responded to such advertisement and applied for the post.

5. It is submitted that recruitment to the post of Principal of Higher Secondary Schools is governed by the provisions of Rules 12 and 13 of the 2003 Rules. To give effect to the aforesaid provisions, Government of Assam in the Secondary Education Department had issued office memorandum dated 06.06.2014 laying down guidelines for such selection.

6. Interview was held on 21.09.2017. Though four candidates had applied for the post, three candidates including the petitioner appeared in the interview. Following the interview, School Selection Committee prepared the panel list of candidates wherein petitioner was placed in the first position as he secured highest marks of 21. School Selection Committee forwarded the said panel to the Inspector of Schools, Barpeta District Circle vide letter dated 22.09.2017 for onward forwarding to the State Selection Board for approval. It is alleged that instead of forwarding the panel as submitted by the School Selection Committee, Inspector of Schools, Barpeta District Circle kept the matter pending at his level and thereafter returned it back to the School Selection Committee with instruction to grant more marks to one of the candidates and to exclude marks awarded to the petitioner under the heading 'experience'.

7. School Selection Committee in its meeting held on 12.11.2017 reiterated its earlier decision and informed the same to the Inspector of Schools vide letter dated 12.11.2017.

8. Grievance of the petitioner is that notwithstanding such reiteration by the School Selection Committee, no consequential steps have been taken. As a result, the selection process has reached a stalemate.

9. It is with such grievance that the present writ petition has been filed.

10. This Court by order dated 12.02.2018 had issued notice and directed the Inspector of Schools to file a personal affidavit.

11. Smt. Jyotsna Rani Barman, Inspector of Schools, Barpeta District Circle has filed an affidavit on 09.03.2018. In her affidavit, more particularly, in paragraph-6 thereof, she has stated that she had submitted the panel list forwarded to her by the School Selection Committee to the office of the Director of Secondary Education, Assam on 4.10.2017. Thereafter, she received telephone call from the office of the Commissioner and Secretary to the Govt. of Assam, Education (Secondary) Department; she was advised to look into two aspects of the matter in consultation with the School Selection Committee. The two aspects are-

(1). Master degree of one of the candidates, namely, Mirza Firoz Nabi Alhadi;

(2) Awarding of marks under the heading 'experience' to the petitioner.

11.1. It is in such circumstances that she had written to the Member Secretary to the School Selection Committee on 03.11.2017 to look into the above two aspects of the matter.

11.2. It is further stated that pursuant to her letter dated 03.11.2017, School Selection Committee held a meeting on 12.11.2017 whereafter it resubmitted the panel list whi