JUDGMENT :

Heard Mr. J. Roy, learned Senior Counsel assisted by Mr. D. Das, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned Standing Counsel, Higher Education Department for the respondent Nos.1, 2, 3 & 4 and Ms. D. Borgohain, learned counsel for the respondent No.5.

2. The challenge made in this Writ Petition is the order under No. GB-EST/Apptt/FP/24/2022/206, dated 30.03.2023 issued by the Director of Secondary Education, Assam by which the respondent No. 5, namely, Sri Naren Ch. Deka is allowed to hold the charge of In-charge Principal of the P. B. Dhirdutta Higher Secondary School in the Nalbari District, under FR 49(C) by way of temporary arrangement.

3. The petitioner was appointed as an Assistant Teacher in the P. B. Dhirdutta Higher Secondary School on 16.09.1998 and joined on 17.09.1998 and Sri Naren Ch. Deka, the respondent No.5, joined in his service as an Assistant Teacher of the said School on 06.11.1998. Both the petitioner and the respondent No.5 are having the qualification of M.A. and B. Ed.

4. The contention of the petitioner is that the petitioner is senior to the respondent No.5. As per the seniority list, the name of the petitioner appeared at