A writ petition is considered infructuous when the respondent authorities have already examined and decided upon the petitioner's grievance pursuant to a prior judicial direction, leaving the petitioner with the remedy of challenging the new decision in a separate proceeding.

ORDER

Heard Mr. R. C. Alom, learned counsel for the petitioner.

The grievance of the petitioner in the present writ petition pertains to the action of the respondent authorities in debarring the petitioner institution from admitting students and blocking its access to the Darpan Portal in terms of the notification dated 01.04.2024.

It is submitted that the petitioner had earlier approached this Court by filing WP(C) No. 4913/2024, which came to be disposed of by order dated 28.04.2025 directing the Secretary to the Government of Assam, Department of Secondary Education, the Director of Secondary Education, Assam, as well as the Secretary of the Assam Higher Secondary Education Council to consider the case of the petitioner.

Mr. P. P. Dutta, learned Standing Counsel, Secondary Education Department, by placing the order dated 10.05.2026, passed by the Secretary to the Government of Assam, Department of School Education, submits that pursuant to the directions of this Court, the case of the petitioner has been duly examined and considered. However, the claim of the petitioner has been rejected on the ground that the relevant Acts and Rules do not empower the authorities to permit admission of students by the school concerned.

Having considered the above and in view of the fact that the grievance of the petitioner has already been considered by the respondent authorities pursuant to the earlier order passed by this Court, this Court is of the opinion that the present writ petition has become infructuous. However, liberty is granted to the petitioner to challenge the order dated 10.05.2026 passed by the Secretary to the Government of Assam, Department of School Education, in an appropriate proceeding, if so advised.

Accordingly, the present writ petition stands disposed of.

Mr. P. P. Dutta, learned Standing Counsel, Secondary Education Department, is directed to furnish a copy of the order dated 10.05.2026, passed by the Secretary to the Government of Assam, Department of School Education, to the learned counsel for the petitioner.

A copy of the order dated 10.05.2026, passed by the Secretary to the Government of Assam, Department of School Education, is kept on record and marked as document “X”.