JUDGMENT & ORDER :

Heard Mr. D. Deka, learned counsel for the petitioner. Also heard Mr. N.J. Khataniar, learned counsel for the respondents in the Secondary Education Department of Government of Assam, Mr. I Alam, learned counsel for the respondents in the NCTE, Mr. N.C. Das, learned Senior Counsel for the Dibrugarh University, Mr. G. Goswami, learned counsel for the authorities in the Bihpuria PGT College and Mr. S.K. Das, learned counsel for the respondent No. 7 Biren Bora.

2. The petitioner Biren Saikia based upon his qualification and eligibility seeks to be the Principal of Kherajkhat Senior Secondary School. The petitioner participated in a selection process for the post of Principal of Kherajkhat Senior Secondary School as per the advertisement dated 14.12.2018 and states that in the selection process he was otherwise the first selected candidate in order of merit but by the order impugned dated 29.04.2021 of the Director of Secondary Education, Assam, the respondent No. 7 Biren Bora who has the qualification of M.Sc., B.Ed. and is a Post Graduate Teacher at Kherajkhat Senior Secondary School, Lakhimpur was appointed as a regular Principal of the School.

3. The petitioner Bire