WP(C) 6161/2010 BEFORE THE HON’BLE MR JUSTICE I.A.ANSARI Heard Mr. N. Dutta, learned Senior counsel, for the petitioner, and Mr. M.R. Pat hak, learned Standing Counsel, Education Department, for the respondent Nos.1 an d 2. Heard also Ms. P. Barman, learned counsel, for the respondent No.3 and Mr. B. Chakraborty, learned counsel, for the respondent No.5. For the purpose of further consideration of the case, it is appropriate to take note of the order, dated 16.11.2011, which reads as under: On perusal of the orders, passed in this writ petition, particularly, the order s, dated 19.08.2011 and 14.09.2011, it transpires that the Court had observed to the effect that though approval to the selection and appointment of respondent No.5, namely, Ms. Namrata Pathak, had been sought for by the respondent No.3, na mely, Governing Body of Arya Vidyapeeth College, Guwahati, the Director of Highe r Education, Govt. of Assam, had not taken any decision in the matter of grantin g approval. The Director, Higher Education, Govt. of Assam, was accordingly dire cted by order, dated 19.08.2011, to take a decision in the matter. It is, now, found that the Director’s order, which has been produced in a sealed cover, indicates that the Director has not taken any decision on the question a s to whether the candidature of the respondent No.5 shall or shall not be approv ed. Thus, the direction, given by the order, dated 19.08.2011, to the Director i n the present writ petition, does not appear to have been carried out by the Dir ector in letter and spirit. In view of the above, respondent No.2, namely, Director of Higher Education, Ass am, is hereby directed to take a decision in the matter of granting of approval to the proposal of the respondent No.3, namely, Governing Body of Arya Vidyapeet h College, Guwahati, for appointment of the respondent No.5, namely, Ms. Namrata Pathak, as lecturer of English in Arya Vidyapeeth College, and his decision, ta ken in the matter, shall be delivered to the Court, on 23.11.2011, in a sealed c over. Furnish a copy of this order to the learned Standing Counsel, Education Departme nt. Let also a copy of the order, dated 19.08.2011, be furnished to the learned Stan ding Counsel, Education Department. The speaking order of the Director, contained in the sealed cover, is opened and directed to be kept in safe custody of the Deputy Registrar (Judicial). Pursuant to the order, dated 16.11.2011, respondent No.2, namely, Director of Hi gher Education, Assam, has conveyed his decision contained in the letter, dated 21.11.2011, addressed to the Principal, Arya Vidyapeeth College, Guwahati. The l etter refers to the findings given on 24.08.2011, by the Director of Higher Educ ation, Assam, whereby the Director has decided that the resolution, dated 05.08. 2010, adopted by the Governing Body of the said college, cannot be approved and, hence, the same has been returned to the Principal of the said college. In view of the fact that Director of Higher Education, Assam, has not approved t he resolution, dated 05.08.2010, aforementioned, nothing really survives for adj udication in this writ petition. Hence, this writ petition is not pressed on beh alf of the petitioner and is, therefore, disposed of as not pressed making it, h owever, clear that on request made by the petitioner or by the college authoriti es and/or by the respondent No.5, namely, Ms. Namrata Pathak, the Director, High er Education, Assam, shall furnish copies of the findings and decision of the Di rector shall be made available to the one, who seeks. Furnish a copy of the letter, dated 21.11.2011, to the learned counsel for the p arties concerned. The letter, dated 21.11.2011, which has been produced in sealed cover, be kept w ith the record of the case.