Ranjan Gogoi, J.

1. This appeal, by the Governing Body of Dibru College (Respondent No. 1 in the writ petition), is directed against the order dated 13.3.2007 by which WP (C) No. 6967 of 2005 filed by the Respondent No. 4 writ Petitioner was allowed with a direction to the Director of Higher Education, Govt. of Assam to approve the appointment of the Respondent-writ Petitioner as Principal of the Dibru College on the basis of the selection held on 28.6.2005 and approval thereof by the Governing Body of the College on the same date.

2. The facts are long but an attempt must be made to summarise and recite only what would be essential for the purpose of the present case.

Appointment of Principals in the erstwhile deficit Colleges of Assam (subsequently known as non-Government Colleges most of whom have now been provincialised) was regulated by the provisions of the Assam Education Department Selection Rules, 1981 (as amended) as well as the provisions of the Assam Non-Government College Management Rules, 2001. A select list of persons eligible for appointment as Principal of such Colleges was required to be prepared by the State Selection Board constituted under the provisions of the 1981 Rules. The validity of the select list prepared under Rule 10 (3) of the 1981 Rules was for a period of one year. Individual Colleges were required to issue advertisements for filling up the post of Principal on such vacancies occurring. Candidates included in the select list prepared by the State Selection Board are eligible to apply. Thereafter each College is required to have its own selection process at the end of which the select list of successful candidates is to be prepared. If the same is approved by the Governing Body of the College the proposal for appointment of the approved name is required to be sent to the Director of Higher Education and only on obtaining the prior approval of the Director appointments could be made. 3. In the present case a select list dated 17.9.2003 was prepared by the State Selection Board which included the name of the Respondent No. 4 writ Petitioner. The Dibru College issued an advertisement dated 30.4.2005 for filling up the post of Principal pursuant to which several candidates including the Respondent No. 4/writ Petitioner applied. Selection was held on 28.6.2005 and the Respondent-writ Petitioner was placed at serial No. 1 of the select list. The aforesaid recommendation of the Selection Committee was approved by the Governing Body of the College on the same date i.e. 28.6.2005. As the Governing Body of the Dibru College, in spite of approval of the recommendation of the Selection Committee, had not forwarded the requisite proposal to the Director of Higher Education for accord of prior approval of the Director the Respondent-writ Petitioner instituted the writ proceeding in question i.e. WP (C) No. 6967 of 2005 out of which this appeal has arisen. The prayer made in the writ petition, in essence, was for a direction to give effect to the recommendation of the Selection Committee as approved by the Governing Body by requiring the Director of Higher Education to act in accordance with the provisions of the 2001 Rules.

4. In the said writ petition an interim order dated 9.11.2005 was passed by the Court requiring the Principal-in-charge of the College to send the necessary proposal along with the relevant papers to the Director of Higher Education. The Principal so acted by sending the requisite papers on 20.11.2005 which, however, was found to be incomplete by the Director on examination. The Director, therefore, wrote again to the Principal on 25.11.2005 asking for further papers which were forwarded by the Principal by letter dated 22.12.2005.

5. The select list prepared by the State Selection Board expired on 21.6.2005. Thereafter, by letter dated 20.8.2005 the Higher Education Department of the Govt, of Assam informed the Member-Secretary of the State Selection Board that the Government had deci