WP(C) 4106/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. B. Sinha, learned counsel for the petitioners as well as Mr. M isra, learned standing counsel appearing for the respondent Nos.1 to 4 and Mr. C houdhury, learned counsel appearing for the respondent No.5. The petitioners by the present petition have challenged the action on th e part of the Block Elementary Education Officer, Bihpuria, purportedly taken on 15.09.2008 approving the constitution of the Managing Committee of Teteliguri M .E. School of village-Dongibil. The petitioners have also prayed for a direction to the respondent authorities not to accord approval of the constitution of any new Managing Committee of the said school with a further prayer to direct the C ommissioner and Secretary to the Govt. of Assam, Education (Elementary) Departme nt to cause an inquiry into the matter relating to the dispute, which is the ori ginal school i.e. whether Teteliguri M.E. School or Teteliguri M.E. School at No .65/68 Grant village is the original school. The Director, Elementary Education in the affidavit-in-opposition has st ated that no order has been passed by the Block Elementary Education Officer eit her on 15.09.2008 or any time thereafter approving the constitution of the Manag ing Committee of the respondent No.5’s school. It has also been stated in the af fidavit-in-opposition that under the provisions of the Assam Non-Government Educ ational Institutions (Regulation and Management) Act, 2006 and the Rules framed thereunder, namely, the 2007 Rules, there is no requirement of the approval of t he constitution of the Managing Committee of the Non-Government Educational Inst itution like the writ petitioner and the respondent No.5 and therefore there is no question of approving or not approving the constitution of the Managing Commi ttee constituted by the said schools. The respondent No.5 in the affidavit-in-opposition has stated that it is the original school and not the writ petitioner’s school where the writ petitio ner No.2 was the Assistant Teacher, whose services was initially upgraded on 28. 11.2005 as Headmaster, he having the qualification of graduation and the founder Headmaster of respondent No.5 having not acquired such qualification. It has al so been contended in the affidavit-in-opposition filed that the said order dated 28.11.2005 has subsequently been withdrawn pursuant to the decision of the Gove rnment taken in view of the order dated 12.02.2007 passed in WP(C) No.248/2007, where the said order dated 28.11.2005 was put to challenge. It has also been con tended that the order dated 28.11.2005 was withdrawn as the Government has no co ntrol over the management of the school in question, it is being a non-Governmen t Educational Institution. Mr. Sinha, in view of the aforesaid position has submitted that there is nothing left to be decided in the present writ proceeding and hence the writ pe tition be closed. In view of the aforesaid submission, the writ petition stands closed.