IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5299 of 2010 1. Syed Md.Arshad Alam @ Arshad Asthanwi, S/O Late Moulana Syed Fasih Ahmad, R/O Village Asthawan, District - Nalanda Presently Prinicpal Soghra High School (Minority), Biharsharif Nalanda And General Secretary Of Bihar Minority Secondary Teachers Association,Patna. Versus 1. The State Of Bihar 2. The Commissioner, Human Resources Development Department, Govt. Of Bihar, New Secretariat, Bailey Road, Patna 3. Director, Secondary Education,Govt. Of Bihar, Human Resources Development Department, New Secretariat, Bailey Road, Patna 4. The Deputy Secretary,Human Resources Development Department, New Secretariat, Bailey Road, Patna. ---------------------------------- 5. 13.09.2011 Heard learned Counsel for the petitioner and the State. Claiming the status of a minority government aided institution the writ application was filed questioning an executive order dated 3.2.2010 issued by the department of Human Resources banning appointment of teachers pending reformulation of the Bihar Non Government Secondary Schools (Management and Control) Regulation, 1981. Learned Counsel for the petitioner submitted that the impugned order by an executive instruction interfered with the fundamental rights of a minority institution guaranteed under Articles 29 & 30 of the Constitution of India. Ii is submitted that a fundamental right cannot be interfered with by executive orders. Learned Counsel for the State, from the counter affidavit submitted that it was a temporary measure to ensure appointment of quality teachers. Be that as it may there is no occasion for the Court to test the validity of the executive order as today Counsel for the State has produced a Xerox copy of letter dated 17.6.2011 stating that in view of the amendment to the Rules notified on 27.5.2011 the ban on appointment by the institutions like the petitioner has been lifted. Let the Xerox copy the letter dated 17.6.2011 be kept on the record. The proceedings to the extent and in the manner laid out before this Court have therefore become infructuous. Questions not falling for consideration in this writ application therefore fall outside its purview and cannot prejudice the parties in any manner in a duly constituted fresh proceeding. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)