Judgment 1. Heard learned counsel for the parties. 2. Petitioners had approached this court for directing the respondent no. 4-District Superintendent of Education, Giridih to grant approval to the appointment of the petitioners on the post of Assistant Teacher on matric trained scale pursuant to an advertisement after following the appointment procedure and norms by the Managing Committee of the Mission Primary School, Jhalakdiha, Bengabad, Giridih, a Government aided school, on the sanctioned vacant post. 3. Secretary of the said school has been made as party respondent no. 5. 4. Respondent State have appeared and filed their counter affidavit. It is stated on their behalf that an inquiry was made by the District Superintendent of Education, Giridih (Respondent No. 4) through the Block Education Extension Officer, Bengabad which revealed that there is no such school in existence and therefore the claim of the petitioner is misconceived (Annexure-A). 5. Counsel for the petitioners submits that annexure-A would reveal that after the death of respondent no. 5, school has been closed. 6. Although, time was allowed in January 2010 to file rejoinder to the said affidavit, but petitioners are not in touch with their counsel and therefore, no affidavit has been filed on behalf of the petitioners to refute the stand of the respondents. In the wake of such categorical statement that school in question is not in existence, the prayer made cannot be allowed at this stage. However, if the petitioners have any fresh cause of action, they are at liberty to approach this court. This writ petition is dismissed with the aforesaid liberty.