WP(C) 3717/2009 BEFORE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr. A.R.Bhuyan learned counsel appearing for the petitioner. Also heard Mr.A.Deka learned Standing Counsel, Education Department. Considering the grievance raised in the writ petition and as agreed to b y the learned counsel appearing for the parties this writ petition is disposed o f at the motion stage itself. The case of the petitioner in brief is that the petitioner’s father was working as intermediate Assistant teacher at Rupahi Senior Madrassa, Nagaon Dis trict Circle , Nagaon, Assam. He retired from service on 31.3.2009 on superannu ation. In the meanwhile the petitioner had appeared in an interview on 13.1.199 7 held for the post of Assistant Teacher in L.P./M.E./MEM and H.S.school. The a uthority concerned after the interview though prepared a select list but it has not been formally published till date. The petitioner has recently had come to k now that as per policy decision adopted by the Government of Assam there is 10% reservation quota for appointment of sons and unmarried daughters of retired pr imary level to secondary level teachers. As such the petitioner had submitted a representation dated 20.4.2009 before the Director of Madrassa Education Assam seeking the benefit of said policy. However till date the said representation has not been disposed of by the authority. The petitioner therefore prays for a direction to the respondent authority to consider his case in terms of the said notification. A bare look into the relevant notification makes it clear that same prov ides for appointment against 10% quota for the sons and unmarried daughters of t he retired teachers from primary to secondary school level according to their merit. The assessment of the merit of the candidates applying for appointments a gainst the said quota is therefore a necessary pre-condition. The petitioner adm ittedly has not appeared in any selection process for the assessment of his meri t as contemplated in the said notification. At the same time in view of the poli cy decision as above the petitioner if selected, and his merit permitting, he is entitled to have his case considered in terms of the above policy. In that view of the matter this petition is disposed of with a direction to the State respon dents that as and when a selection process for appointment to the post envis aged to the above notification is initiated, the case of the petitioner if he pa rticipates therein, would be considered for appointment and depending on his mer it assessed against the quota prescribed subject to his satisfying other conditi on of eligibility prescribed by the notification. This however should not be con strued to be a direction to the respondent to appoint the petitioner in any post . Writ petition is disposed of . No cost.