ORDER

(ORAL)

Date : 17-09-2019 Heard Mr. K. K. Mahanta, learned senior counsel assisted by Mr. B. M. Deka, learned counsel for the petitioner. Also heard Mr. J. Abedin and Mr. N. Sarma, learned Standing Counsel, Elementary Education Department for the State. None appears for the private respondent No. 6 though she was represented through a counsel whose name is also reflected in the cause list.

The matter is accordingly proceeded.

2. The case of the petitioner is that the petitioner, though a Graduate, which is a requirement for appointment to the post of Headmaster, has been ignored and the respondent No. 6 who does not have the Graduation qualification has been appointed, which is not permissible. There is no dispute to the aforesaid factual position.

3. As evident, the matter pertains to appointment to the post of Headmaster of Aibheti D. K. Senior Basic School, which became vacant on 01.03.2012 upon retirement of the earlier incumbent. The petitioner, being the senior most qualified teacher amongst those teachers having Graduation qualification was allowed to hold the said vacant post of in charge basis. Subsequently, the said post of Headmaster was filled up on regular basis. Howe