WA 186/2011 BEFORE THE HON’BLE MR JUSTICE I.A. ANSARI THE HON’BLE MR JUSTICE H. BARUAH We have heard Mr. M.A. Sheikh, learned counsel, for the appellant, and Mr. M.R. Pathak, learned Standing counsel, for the respondents No.1 to 4. We have also he ard Mr. P.S. Deka, learned Govt. Advocate, for the State respondents. The appellant filed a writ petition, under Article 226, challenging the appointm ent of respondent No.4 herein, as Assistant Teacher, on the ground that appointm ent of respondent No.4 by respondent No.7, made on 20.08.2000, was illegal inas much as respondent No.7 had resigned, in a meeting of the School Managing Commit tee, held on 10.02.2008, and was, therefore, not authorized to act as a Presiden t, on 20.08.2000, when the order, dated 20.08.2000, was issued appointing the re spondent No.4 herein as Assistant Teacher. Resisting the writ petition, it was contended, inter alia, by the respondents th at respondent No.7 had not resigned, on 10.02.2008, in the meeting of the School Managing Committee, and that the signature, which is alleged to be the signatur e of respondent No.7, was not the signature of respondent No.7 and the whole pro ceeding is fake. The learned Single Judge took the view that the question as to whether respondent No.7 had or had not resigned, as contended by the petitioner, was a disputed question of fact and determination of such a disputed question o f fact required recording of evidence, which is not permissible in a writ procee ding, and the petitioner-appellant’s remedy, if any, lies in taking recourse to the Civil Court. With the conclusion so reached, an order was made, on 12.05.201 1, dismissing the writ petition. Aggrieved by dismissal of his writ petition, th e petitioner has preferred this appeal. Considering the fact that we see no reason to take a view, different from what the learned Single Judge has taken, we are of the view that dismissal of the wri t petition did not suffer from any infirmity, legal or factual. This appeal, the refore, fails and the same shall accordingly stand dismissed. No order as to costs.