The controversy raised in this petition pertains to the appointment of a Head Master in the Sonapur Girls High School. The order bearing No. E 1/110/95/33127-32 dated Guwahati the 16th Feb/95 issued by the Inspector of Schools, Kamrup District Circle, Guwahati reads as follows : “ORDER Smti Rina Devi, the seniormost Teacher, Sonapur Girls High School is hereby allowed to hold the charges of the Headmistress of the school in addition to her own normal duties, grade and scale of pay until further order or till a regular Head Mistress is placed in the school, whichever is earlier, vice Smti Chandra Prava Saikia Head Mistress expired. She is also authorised to discharge financial matter as drawing and disbursing officer of the school with immediate effect. Sd/GKTalukdar Inspector of Schools, Kamrup District Circle, Guwahati.” 2. The appointment appears to be a stop gap arrangement allowing the incumbent i.e. the respondent No.4 the Head Mistress of the school in addition to her own normal duties, grade and scale of pay until orders or till the regular Headmistress is placed in the school, whichever is earlier, on the death of Smti Chandra Prava Saikia, former Head Mistress by the above order the respondent No.4 was authorised to discharge financial matter as drawing and disbursing officer of the school. The petitioner being aggrieved by the above order moved this Court by way of this writ petition as being arbitrary and capricious. The petitioner claimed his seniority on the basis of his length of service as an Assistant Teacher, according to the petitioner he was appointed as Assistant Teacher in the year 1974 and in pursuance of the appointment letter he joined in Tihu High School as Assistant Teacher on 21.4.74 in graduate scale of pay. The petitioner thereafter served in the Dimoria High School to utmost satisfaction of all till 30.10.92 and vide order bearing memo No. 173-403 dated 30.10.92 petitioner was transferred to Sonapur Girls High School in his own grade and scale of pay against the newly sanctioned vacant Science Graduate post with effect from the date of his joining, petitioner accordingly joined in the new place of posting i.e. Sonapur Girls High School on 2.11.92. While the petitioner was working as such, the Head Mistress of the said school Smti Chandra Prava Saikia died on 13.2.95. While the petitioner was working as such, the Head Mistress of the said school Smti Chandra Prava Saikia died on 13.2.95. On the sudden death of Mrs Saikia, Head Mistress Smti Rina Devi, respondent No.4 has been allowed to officiate as Head Mistress by the respondent No.3 vide his order No.E-1/110/35/33127-32 dated 16.2.95 in spite of the fact that the petitioner is senior to her. As indicated earlier the above respondent No. 4 was appointed to officiate as a Head Mistress by the respondent No.3. Hence the writ petition. Petitioner claims that he being the senior most amongst the graduate teacher of the school and also on the basis of the seniority he was entitled to be officiated to the higher post even as on ad hoc measure. The respondent No. 3 filed affidavit on behalf of the respondents. Respondent No.4 also filed its affidavit. According to the respondent No.3, the respondent No.4 was appointed on the basis of seniority in the school and that was only a stop gap arrangement. Respondents reiterated that the appointment of Head Mistress in the Sonapur Girls School to be made appointed on the basis of selection by the State Selection Board. The district seniority list of teachers has not yet been maintained/prepared therefore the authority acted on the school seniority. The respondent No.4 contested the case and submitted her affidavit. She also claimed that she is seniormost as well as founder teacher of Sonapur Girls High School. She is also an MA. 3. The respondents stated that since it is only an ad hoc measure and the matter is yet to be resolved therefore question of interference from this Court does not arise. The appointment and promotion in provincialised school are regulated by the Assam Secondary Education (Provincialisation) Act, 1977. Mr. BJ Talukdar the learned counsel for the petitioner has referred to the Statutory provision of law and contended that as per the statutory rules more particularly in view of the provision of Rule 13 the petitioner ought to have given weightage in his seniority. Mr. Talukdar, the learned counsel for the petitioner has submitted that the petitioner is in continuous service since 1974 and he was transferred to a school on public interest. Transfer of a Govt. servant on public interest therefore cannot wipe away the past services of the petitioner. Mr. Mr. Talukdar, the learned counsel for the petitioner has submitted that the petitioner is in continuous service since 1974 and he was transferred to a school on public interest. Transfer of a Govt. servant on public interest therefore cannot wipe away the past services of the petitioner. Mr. Talukdar the learned counsel further submitted that the petitioner is also a B. Ed degree holder therefore for overall consideration he was the most suitable persons for being promoted as a Head Master of a school. 4. Mr. S. Kataki the learned counsel appearing on behalf of the respondent No.4 countering the argument of the petitioner put his claim on the basis of seniority in a particular school more so. In the absence of any district seniority list, Mr. Kataki, the learned counsel for the respondent No. 4 also submitted that her seniority in the school conferred her legitimate expectation for being considered in the school where she was serving since long. Mr. Kataki further submitted that this is only a stop gap arrangement and since selection process is almost complete the final appointment shall be made as per law discussing situation as prevailing. 5. The appointment and recruitment in a povincialised school is regulated by the Assam Secondary Education (Provinsialisation) Act, 1977 and Rules framed from time to time and Assam Secondary Education (Provinsialisation) Services Rules, 1982 as amended upto 1987. The post of Headmaster/Headmistress of High Schools are Class II (Gazetted) post and subject teacher of Higher Secondary and Multipurpose Schools are Class II (non Gazetted) post. Graduate teacher of the Higher Secondary and Multipurpose Schools, High Schools are Class II non Gazetted. Appointment to the post of Principal, Head master, Superintendent of High Madrasa, Vice-Principal, Assistant Head Master, Assistant Superintendent of High Madrasa are normally made by way of promotion in the manner prescribed by Rule 9. The post of Headmaster are filled up from the select list of Vice Principal, Assistant Head Master and Post Graduate Teacher etc having 15 years continuous teaching experience and there is a procedure for selection as indicated by Rule 10, by the above procedure appointments are made on the basis of selection. The rule mentioned above under Rule 13 inter se niority of existing employee in a respective cadre are determined in relation to (a) date of continuous appointment, (b) date of joining (c) date of birth. The rule mentioned above under Rule 13 inter se niority of existing employee in a respective cadre are determined in relation to (a) date of continuous appointment, (b) date of joining (c) date of birth. In case of any dispute the Director may refer the matter to the State Govt. whose decision shall be final. 6. From the conspectus of the factual situation and as per the Rule is transpires that the petitioner is senior as a graduate teacher and since his transfer was made on public interest, his seniority cannot be ignored. In the instant case, after the writ petition was filed it appears that the competent authority advised the Inspector of School, KDC Guwahati 19 to enquire into a matter and to submit a detailed report with particulars of teachers along with seniority list of teachers countersigned by the said Inspector of Schools immediately. It appears that during the pendency of the civil rule the authority addressed its mind to the representation submitted by the petitioner and accordingly the Additional Director of Secondary Education, Assam, Kahilipara, advised the Inspectors of Schools to submit a detailed report. The Inspector of Schools by its memo bearing No,E-1/535/97/ 1405 dated Guwahati the 23rd Feb, 1998 submitted its report to the Director of Secondary Education, Assam, Kahilipara, Guwahati 19. Since the arrangement is a stop gap arrangement, I am not inclined to intervene in the matter at this stage more so as this matter is under consideration of the appropriate authority. 7. Considering the facts situation, I am of the view that ends of justice will be met if a direction is issued to the respondent to dispose of the representation of the petitioner and pass necessary orders according to law. During the course of hearing Mr. Kataki, the learned counsel for the respondent No.4 submitted that selection list of the Headmaster/Headmistress is under preparation and therefore instead of continuing the ad hoc arrangement the authority may be directed to fill up the post by regular incumbent. It is needless to state that the appointment is an ad hoc measure whenever persons are selected a regular appointment will be made from the select list. According to the parties it is expected that the entire process is likely to the completed within a month or two. 8. Subject to the observation made above the writ petitions stands disposed of.