WP(C) 1675/2008 BEFORE HON’BLE MR.JUSTICE U.B.SAHA The instant writ petition is filed by the petitioner to promote him or to confir m him in the post of Vice Principal in which post he is at present working as In -charge basis. It also appears from the record that the present petition is file d against the threatened action of the respondents on the basis of a draft rules i.e., Assam School Service (Government Secondary and Higher Secondary Schools) Rules, 2006 prepared for the post of Vice Principal. When the matter is taken up for admission hearing, Mr. A.K. Purkayastha, learned counsel appearing for the petitioner fairly submits that during the pendency of the writ petition, the respondents authority has already framed the final recru itment rules and challenging the provisions of the final recruitment rules for t he post of Vice Principal, some of aggrieved persons filed a writ petition, whic h is already pending before this Court. In view of the above, the petitioner wants to withdraw the instant writ petition with a liberty to file a fresh writ petition, if so advised, and also with some protection. Mr. MR Pathak, learned Standing Counsel, Education Department has no objection t o the said prayer and accepts the prayer for protecting the rights of the petiti oner to the post of Vice Principal. Mr.J Laskar, learned counsel appears for private respondent. In view of the submission of Mr. Pathak, learned Standing Counsel, Education, th e instant writ petition is disposed of as not pressed with a liberty to file a f resh writ petition, if necessity arises. It would not be proper for this Court while disposing of the matter as not press ed to allow the prayer for protection as sought for. However, while the authorit ies will go for next appointment they may consider the fact that the present pet itioner is holding the post of Vice Principal as In-charge basis and none of his juniors should be appointed to the said post of Vice Principal.