WP(C) 2789/2011 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY The petitioner, whose father retired from service on 31.11.2010 after serving as an Assistant Teacher of the Kabilpur Pallarpar Senior Madrassa in Barpeta district, seeks direction for his appointment as an Assistant Teacher against the 10% quota vacancies for wards of retired teachers. Mr. J Ahmed, learned counsel submits that although the petitione r had applied for consideration of his claim for appointment, the same has not y et been considered by the respondents. However, Mr. UK Goswami, learned standing counsel, Education, po ints out that appointment under the scheme to the wards of retired teachers agai nst the 10% quota can’t be considered without the applicant going through a sele ction process as assessment of merit is sine quo non for consideration of appoin tment as an Assistant Teacher, against the designated vacancies. In support of his contentions, Mr. Goswami relies upon the decision of this Court in Shahejul Hussain Saikia vs. State of Assam & ors reported in 2005 (2) GLT 241. Considering the submissions and also the decision in Shahejul Hu ssain (supra), I am of the view that no direction can be issued for consideratio n of the petitioner’s claim at this stage, against the 10% quota vacancies meant for wards of retired school teachers, as he is yet to participate in a selectio n process. Only after the merit of the petitioner is evaluated through regular process, when he offers his candidature through a public advertisement, he can b e considered against the 10% quota vacancies along with similar candidates in th at category. Therefore, I see no justification to kept this matter pending an d the writ petition is disposed of by declaring that the appointment of the peti tioner may be considered against the 10% quota vacancies along with other simila r candidates in that category only after merit is evaluated, by following the ra tio of the judgment in Shajejul Hussain(supra). The case is ordered accordingly . The writ petition stands closed.