WP(C) 4968/2010 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. N Haque, learned counsel for the petitioner, Mr. MK Misra, learned Sta nding Counsel, Education Department Assam for the respondent Nos. 1, 2 & 3 and M r. HK Barman, learned State counsel for the respondent No. 4. Also heard Mr. UK Nair, learned counsel for the respondent Nos. 5, 6 & 7. The petitioner has lodged a challenge against the appointment of the respondent No. 8 as Subject Teacher in English in Nagaon Siksha Mandir High School, Barpeta . According to her, she along with the said respondents and others had responde d to a advertisement dated 29.06.2010 issued on behalf of the said institution i nitiating the said process of selection. In order of merit that was eventually a ssessed, the inter-se position of the respondent No. 8 and the petitioner was at Sl. No. 4 & 5. As the selectees at Sl. Nos. 1, 2 & 3 opted out of the process, the Managing Committee of the institution vide its resolution dated 25.08.2010 inducted the respondent No. 8 to the aforementioned post. The petitioner has ass ailed the said appointment on the ground that the respondent No. 8 was ineligibl e in terms of the conditions of eligibility for the said post. The respondent No. 5 & 6 in their affidavit have pleaded that after the appointm ent was offered to the respondent No. 8, she joined and, thereafter, opted to re sign. Her request to that effect having been accepted the post is lying vacant a nd that the School Managing Committee is inclined to act in terms of the select list and appoint the next person in merit i.e. petitioner subject to the same be ing permitted by the departmental authorities. In the above view of the matter, this petition is closed by leaving the School M anaging Committee at liberty to fill up the post left vacant on the resignation of the respondent No. 8 by the writ petitioner. This however, as has been observ ed by the School Managing Committee, would be subject to the approval/permission of the concerned departmental authorities of the State. The petition stands clo sed in the above terms. No costs.