WP(C) 3704/2010 BEFORE THE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr. B Sinha, learned counsel appearing for the petitioners. Also h eard Mr. M Dutta, learned Standing counsel, Education Department, Assam. Considering the grievance raised and as agreed to by the learned counsel appearing for the parties, this writ petition is disposed of at the motion stag e itself. The instant writ petition has been filed invoking the power under Articl e 226 of the Constitution of India with the following prayer: (A) A writ in the nature of certiorari shall not be issued setting asid e and/or quashing the order dated 25.07.2008 issued by the Block Elementary Educ ation Officer, Lanka by which he accorded approval to the Managing Committee of the School. (B) A writ in the nature of mandamus shall not be issued directing the C ommissioner & Secretary to the Government of Assam, Education (Elementary) Depar tment to cause a special audit into the accounts to the school to find out (i) a s to what amount has actually been illegally collected as fees from the students of the school and misappropriated; (ii) as to what other amounts of money have been misappropriated by way of misuse as well as by diversion of fund without au thority to other heads of expenditure from the particular heads under which the amounts were actually sanctioned and to find out (iii) the actual amount of ille gal sale proceeds of the rice that was allotted to the school by the Government under Midday Meal Scheme which has been usurped during the period from 01.07.200 6 to 31.07.2010 by the President of the School with a further direction to the s aid Commissioner to recover from whatsoever is found to have misappropriated any sum of money that was illegally collected and/or that belonged to the school be ing sanctioned by the Government under different heads of expenditure including rice and money provided for feeding midday meal to the students of the School fa iling which to refer the matter to Police for taking necessary legal action agai nst the wrong-doers as per law. (C) A writ in the nature of mandamus shall not be issued directing the r espondent authorities to hold a departmental enquiry against the present Block E lementary Education Officer, Lanka (Shri Kashi Nath Upadhyaya) to find out as to how could be appoint Md. Abdul Karim Choudhury the President of the Managing Co mmittee of the School in violation of the relevant rules laid down in Government Notifications No.AEE.522/2006/01, dated 20.05.2006 and No.PMA(SSA)/22/2002/14 d ated 03.05.2004 and also to find out the exact grounds of his failure to take an y action against the President to stop the corrupt practices carried out by him continuously and unabatedly during the last 4 years consisting of two 2-Year ter ms as President of the School despite so many complaints and representations sub mitted to him against the President during the said period. (D) A writ in the nature of mandamus shall not be issued directing the r espondent authorities to justify retention of the present Block Elementary Educa tion, Officer, Lanka in the same post for over 17 years continuously ever since he was first posted there in 1993 in violation of the policy/principle laid down in Office Memorandum issued by the Commissioner and Secretary to the Government of Assam, Personnel Department under his office No.ABP.116/01/4, dated 04.02.20 02. (E) A writ in the nature of mandamus shall not be issued directing the r espondent authorities to constitute and/or reconstitute the Managing Committee o f the Samar Ali Tini Ali M.E. School only in accordance with the Rules prescribe d by the Government vide Notifications No.AEE.522/2006/01, dated 20.05.2006 and No.PMA(SSA)/22/2002/14, dated 03.05.2004 and similar other rules that may presen tly be in vogue. Mr. Sinha has submitted that time and again the guardians of the student s and the local people have approached the authority and also submitted represen tations etc., praying therein the above prayer made in the writ petition. Howeve r, the same has evoked no response till date and hence the writ petitioners have approached this Court by way of filing the instant writ petition with the above prayers. In view of the prayer made in the writ petition, in the considered opini on of this Court, a direction may be issued to the appropriate authority to disp ose of the representation within a time frame. The petitioners are, therefore, d irected to submit a fresh representation before respondent No.1, the Commissione r and Secretary to the Govt. of Assam, Education Department stating therein thei r grievances raised in the writ petition and the respondent No.1 shall dispose o f the same by a speaking order within a period of 6(six) weeks from the date of receipt of the representation, if necessary by giving personal hearing to the pa rties concerned after giving them proper notice. The petitioners shall also subm it alongwith the representation a copy of this order as well as copy of the writ petition with the annexures appended thereto. It is needless to say that the or der(s) so passed shall be communicated to the parties forthwith. If the petition ers are aggrieved with the order(s) so passed, they are at liberty to approach t he appropriate authority, if so advised. With the above direction, this writ petition stands disposed of. No costs.