JUDGMENT :

S.P. Khaund, J.

1. Heard Mr. D.A. Kaiyum, learned counsel for the petitioner as well as Mr. SMT Chistie, learned Standing Counsel, Secondary Education Department and Ms. R.B. Borah, learned Government Advocate.

2. This writ appeal is preferred against the Order dated 12.09.2023 passed by the learned Single Judge in I.A. 1224/2023.

3. Facts of this case in a nutshell are that the appellant herein, Anisur Rahman, was the Vice President of School Management and Development Committee (SMDC for short) of Chunari Higher Secondary School (School in short for easy reference), Goalpara district for the year 2017-2022. He was also entrusted with the charge of President of SMDC vide order dated 23.09.2021 issued by the Inspector of Schools, Goalpara District Circle, Goalpara and he successfully completed his tenure as President without any blemish.

4. The private respondent Md. Saiful Islam, the State of Assam-represented by the Secretary to the Government of Assam, Education Department, The Director of Secondary Education-Assam, The Inspector of Schools-Goalpara District Circle, Goalpara, The Deputy Commissioner-Goalpara, The Principal-Chunari Higher Secondary School, and the School Management and Development Committee of Chunari Higher Secondary School are arrayed as respondent nos. 1 to 7 respectively. The private respondent no. 1, herein was the applicant in I.A. (Civil) No. 1224/2023.

5. The appellant has stated that in pursuance of the order-letter No. PC/SEC/216/2021/8, dated 27.09.2021 issued by the Director of Secondary Education, Assam, the Inspector of Schools directed the Principal of the school to submit a panel of 2 (two) names for the post of President and Vice President of SMDC, as per guidelines of the Govt. Notification dated 24.06.2016. Thereafter, the Principal held a meeting with the parents/guardians of the students of the said school and the local people. In the meeting, the appellant’s name along with the name of another candidate was recommended for the post of President of SMDC of the school. The Principal vide letter dated 30.09.2021 submitted the panel for President and Vice President of the SMDC to the Inspector of Schools.

6. The Inspector vide order dated 16.12.2022, illegally nominated the private respondent No. 1, as the President of SMDC of the said school. This order dated 16.12.2022 was challenged in WP(C) No. 371/2023, on the grounds that the selection and appointment of respondent no. 1 was in deviation of Govt. Notification No. ASE.416/2014/116, dated 24.06.2016 issued by the Secretary to the Government of Assam. The learned Single Judge vide order dated 27.01.2023 stayed the order dated 16.12.2022 issued by the Inspector of Schools.

7. In view of the interim order dated 27.01.2023 in WP(C) 371/2023, the Block Elementary Education Officer, of Lakhipur Education Block was allowed to function as the President of SMDC of the school. Against the interim order, the respondent no. 1 filed an interlocutory application being I.A. (Civil) No. 1224/2023 with prayer to vacate the interim order dated 27.01.2023 passed in W.P.(C) No. 371/2023. After hearing the parties, the learned Single Judge passed the order dated 12.09.2023, setting aside the order dated 16.12.2022 issued by the Inspector. It is contended that in compliance of the order dated 12.09.2023, the Director has to initiate a proper process for selection and appointment of the President of SMDC through the appropriate authority within a period of two months. It was also further directed that as the respondent no. 1/applicant was already discharging the functions of the President, he would continue discharging the functions of the President, till the appointment of the new President.

8. It is averred that vide order dated 12.09.2023, the respondent no.1-applicant was illegally and arbitrarily allowed to continue to discharge the functions of the President. It is contended that after the interim order dated 27.01.2023 was passed, the respondent no.