WP(C) 5619/2001 BEFORE HON’BLE THE CHIEF JUSTICE MR. MADAN B. LOKUR According to the petitioners, they had appeared for appointment to the post of t eachers in L.P. Schools under the Dibrugarh Legislative Assembly Constituency. I t is averred that they had topped the merit list but, in spite of that, they wer e not appointed. On the other hand, persons much lower in the merit list than th e petitioners were appointed. Feeling aggrieved, the petitioners preferred this writ petition seeking quashing of the appointment of the respondents who were much lower in the merit list tha n the petitioners. When the matter came up for consideration on 17th August, 2001, notice was issue d to the respondents to produce the relevant records. It was also directed that all the appointments made shall be subject to the result of the writ petition. This matter came up for consideration again on 6.11.2009 when none appeared on b ehalf of the petitioners. Accordingly, the writ petition was dismissed for non-p rosecution and the interim order passed earlier was vacated. It transpires that the interim order was not restored in favour of the petitioners even though the writ petition itself was subsequently restored. A similar writ petition was filed by some other aggrieved persons who were not s elected and that writ petition was registered as WP(C) No.1775 of 2001(Md. Rizau r Rahman vs. State of Assam & Ors.). When the analogous matter was taken up for consideration on 18.3.2010, the learn ed Single Judge hearing the matter took the view that since the validity of the select list prepared in 1997 had already expired and the selected persons had no t been made parties, no actionable right had accrued in favour of the petitioner s. Accordingly, the writ petition was dismissed. In the present case, neither the select list has been annexed with the writ peti tion nor the persons, who are said to have been selected, been made respondents. To make matters worse, there is now no interim order in favour of the petitione rs. In these circumstances, nothing further survives in this writ petition. Moreover , there is no merit in the writ petition in view of the decision rendered in WP( C) No.1775/2001. Accordingly, this writ petition is dismissed.