WP(C) 6243/2011 BEFORE HON’BLE MR. JUSTICE N. KOTISWAR SINGH Heard Mr. S. Banik, learned counsel for the petitioner and also heard Mr. P.N. G oswami, learned counsel appearing for respondents. By this writ petition, the petitioner has sought for a direction to be issued to the respondent authorities to cancel, recall or forbear from giving effect to the order No. EED-57/Pt/2011/9609 dated 03-12-2011 in so far as it re lates to the approval for the post of President of Hazirhat Girls Middle English School Management Committee on the ground that the daughter of the President is going to pass out from the School on 31-12-2011. The learned counsel for the p etitioner has brought to the notice of this Court notification dated 3rd August, 2011 issued by the Govt. of Assam. In Para-13(1)(c) of the said notification, it has been stated that no person shall be qualified to be President, Vice-Presi dent or Member of the School Management Committee if his/her child ceases to be a student in the school. It is the case of the petitioner that no proper inquiry has been made p rior to the selection/election of the respondent No.6 as President of the School Management Committee in view of the fact that his daughter is going to pass out from the School on 31-12-2011. In the present case, it is admitted that the da ughter of the respondent No.6 is still continuing her study and she is likely to complete her study on 31st December, 2011. Thus, in my opinion the respondent No.6 will have the right to continue as the President of the School Management C ommittee so long as his child is studying in the School. As such there is no sc ope for holding any enquiry as contemplated under Para No.13(5)(i) of the Notif ication dated 03-08-2011 At this stage, the question of holing inquiry under para 13(1 )(c) of the Notification dated 03-08-2011 issued under Section 21 of the Right o f Children to Free and Compulsory Education Act, 2009 does not arise and no caus e of action has arisen now. Accordingly the present writ petition is pre-mature. The petitioner may approach the competent authority as and when any such cause of action arises under the aforesaid Notification dated 03-08-2011, i.e, when t he ward of the Respondent No.6 ceases to be a student of the School. In view of the above, this writ petition stands dismissed as pre-mature.