WP(C) 356/2011 BEFORE THE HON’BLE MR.JUSTICE UB SAHA The instant writ petition has been filed by the petitioner, namely, Hiteswar Dek a, for directing the respondents to consider his case for relaxation and also to consider his case for appearing before the selection committee in the interview pursuant to the advertisement dated 02.11.2010 (Annexure-G to the writ petition ) and notice dated 09.12.2010 (Annexure-I to the writ petition) for the post of Head Master/Asst. Head Master or to set aside the impugned notice dated 09.12.20 10 (Annexure-I to the writ petition) Heard Mr. DK Sarmah, learned counsel for the petitioner as well as Mr. SK Das, l earned Standing Counsel, Education Department who appears at this motion stage o n behalf of all the respondents. As agreed to by the learned counsel for the parties and considering the fact tha t the issue involved in this case is wholly covered by a Division Bench decision of this Court dated 17.09.2010 in WP(C) 5076/2010 and also by a decision of the coordinate Bench of this Court dated 12.01.2011 passed in WP(C) 184/2011, this writ petition has been taken up for final disposal at the motion stage. Mr. Das submits that the instant case is also covered by a decision of this Cour t in WP(C) 298/2011 dated 21.01.2011 wherein this Court disposed of the said wri t petition with a direction to the petitioners of that case to approach the Comm issioner and Secretary, Govt. of Assam, Education Department, (respondent No. 1 herein) by way of filing representation on or before 28.01.2011 and upon receipt of the same, the Commissioner and Secretary, Govt. of Assam, Education Departme nt (respondent No. 1 herein) shall consider and dispose of the same by a reasone d order within 03.02.2011. Mr. Sarmah submits that the petitioner has already submitted a representation be fore the respondent No. 1, Commissioner and Secretary, Govt. of Assam, Education (Secondary) Department but the same has not yet been disposed of by the author ity concerned. In view of the above, the instant writ petition is disposed of with a direction to the Commissioner and Secretary, Govt. of Assam, Education (Secondary) Depart ment, respondent No. 1 to dispose of the representation of the petitioner dated 12.01.2011 (Annexure-K to the writ petition) within 31st January, 2011 by a reas oned order. It is to be noted here that while considering the representation of the petitioner, the respondent No. 1 shall take note of the Division Bench Judg ment of this Court passed in WP(C) 5076/2010 (supra) so that if the prayer for relaxation is granted, the petitioner can avail the opportunity to appear in the interview for head master/head mistress, as prayed for in the writ petition. Copy of this order be furnished to the learned Standing counsel for the Educatio n Department by today itself so that he can communicate the order to the respond ent No. 1 for compliance. With the aforesaid agreed order, the instant writ petition is disposed of.