WP(C) 5277/2008 BEFORE HON’BLE MR JUSTICE AMITAVA ROY Heard Mr Das, learned counsel for the petitioners and Mr Goswami, learned Sta nding Counsel, Education Department. For the order which I propose to pass, it isnot considered necessary to issue noticeto the private respondent Nos 4 and 5 . The petitioners who claim to be the office bearers of the Managing Com mittee of Jaluguti H.S.School, in the district of Morigaon (hereafter referred to as the ’School’) are before this Court questioning the validity of the orde r dated 1.12.2008 of the Inspector of Schools, Morigaon District Circle, Morigao n dissolving their committee and inducting a School Development Committee for the unexpired term till 27.10.2009. The petitioners in substance , have asserted that the impugned action is in violation of Rule 6 of the Assam Aided Higher, H igh and Middle Schools Management Rules,1976 (hereinafter referred to for short’ Rules’), whereunder the jurisdictional Inspector of Schools though empowered to dissolve and reconstitute a Managing Committee of any institution contemplate d therein, such an action has to be subject to the approval of the Director of S econdary Education, Assam. As in the instant case, no such approval had been acc orded, the impugned order is thus non est in law. According to the petitioners, the action of the Inspector of Schools, Morigaon District Circle, Morigaon in i nducting the School Development Committee is also without any authority. Further , the members of the said committee are not eligible to hold the office . Bein g aggrieved , the petitioners in the meantime , have submitted a representation before the Director of Secondary Education, Assam ventilating their grievances which as on date, remains unattended. The petitioners have alleged that the imp ugned action has been induced by the respondent No.5 who is the local MLA . Mr Das has urged with reference to Rule 6 of the Rules that the impugne d order in face of the records is non est in law and therefore is liable to be i nterfered with. No opportunity whatsoever having been extended to the members of the Managing committee sought tobe dissolved, the impugned action is violative of the principles of natural justice as well, he contended. He has also endors ed other assertions in the writ petition. Mr Misha in reply has submitted that having regard to the reasons record ed in the impugned order and the fact that the prior approval of the Director o f Secondary Education, Assam is not a condition precedent for exercise of powe rs of the Inspector of Schools, Morigaon District Circle, Morigaon under the afo rementioned provisions of the Rules , the challenge made by the petitioner is u ntenable in law. Upon hearing the learned counsel for the parties and having regard to th e fact that a representation made by the petitioner before the Director of Seco ndary Education, Assam on 6.12.2008 is pending for consideration, I am of the view that it would be in the fitness of things if this petition is closed with a direction to the aforementioned authority to consider and dispose of the same at an early date. Ordered accordingly. The Director of Secondary Education, Assa m would deal with the representation of the petitioner within two(2) weeks from the date of receipt of the certified copy of this order and decide thereon in a ccordance with law. As the parties are vitally interested in the outcome of the representation, it is further ordered that the aforementioned statutory author ity before taking a decision would afford a reasonable opportunity of hearing t o both the sides. It is made clear that the authority so directed would be at l iberty to cause necessary enquires to be made so as to facilitate a fair decis ion. It is made clear that this Court has not expressed any opinion on the meri ts of the contentions of the petitioners and the Director of Secondary Education , Assam would be within his discretion and authority to decide the issue, howeve r, strictly in accordance with law. The petition therefore stands closed in the above terms. No costs.