WP(C) 4294/2009 BEFORE HON’BLE MR. JUSTICE T.VAIPHEI Heard Md. J.Ahmed, learned counsel for the petitioner and Mr. B.Choudhury, learn ed Standing counsel,Health department appearing for the official-respondents 1 t o 3 as well as Mr. S.S.Dey, learned counsel appearing for the respondent No. 5. The petitioner is aggrieved by the order dated 22.9.2009 issued by the Comm issioner & Secretary, Health and Family Welfare department,Govt. of Assam cancel ing the seat allotted to him under O.B.C. category for admission to M.B.B.S cour se ,2009 in AMC, Dibrugarh. The principal contention of the learned counsel for the petitioner is that the impugned order was passed without giving him an opportunity of hearing. At the o utset, Mr.B.Choudhury,learned SC,Health department takes me to the impugned or der and draws my attention to paragraphs 4 to 9 thereof and submits that the pet itioner was evidently given an adequate opportunity of hearing by the Commission er & Secretary before issuing the order. Faced with this situation, the learned counsel for the petitioner submits that the petitioner may be allowed to withdra w this writ petition with a liberty to approach a competent civil Court of juri sdiction to ventilate his grievance. Resultantly, the petitioner is allowed to withdraw this writ petition with a lib erty to approach a competent court of jurisdiction for declaration of his right and stat us as one belonging to Other Backward Classes. This writ petition stands disposed of.