WP(C) 5526/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI This is the second round of litigation, which the writ petitioner has initiated by way of writ petition under Article 226 of the Constitution of India. The pet itioner’s case is that the petitioner was appointed, on ad hoc basis, as chowkid ar (Grade-IV) by the authorities of Trilochan Anchalik M. E. School, in the dist rict of Kamrup, after the petitioner’s father had retired on superannuation. Si nce after his appointment as chowkidar, on ad hoc basis, the petitioner has been serving as a chowkidar in the said school. Alleging that the authorities concerned had been trying to remove the petitioner from the post of chowkidar and substitute him by appointing some other person o n ad hoc basis, the petitioner filed a writ petition, which gave rise to WP(C) 9 2/2010, which was disposed of on 24.03.2010. While disposing of the said writ p etition, this Court observed, in its decision, that the petitioner having not be en selected through a process of selection, which is necessary to be adhered to in making appointments in public domain, the petitioner has no right to demand e ither appointment to the said post or regularization of his appointment. It was also observed, in the said decision, that since the petitioner has been holding the post on ad hoc basis, he has no legal or fundamental right to claim the pos t and, hence, the State respondents were competent to fill up the vacant post on regular basis in accordance with law. As no step has been taken by the respondents to fill up the post, in question, b y resorting to any selection process, the petitioner has, once again, approached this Court seeking, with the help of the present writ petition, issuance of app ropriate direction to the respondents. Heard Mr. N. N. B. Choudhury, learned counsel for the writ petitioner, a nd Mr. J. Abedin, learned Standing counsel, Education Department, Government of Assam, appearing on behalf of the State respondents. While considering the present writ petition, it needs to be noted that t his Court cannot issue mandamus directing the respondents to fill up the said po st. At the same time, this Court is also of the view that keeping the post vaca nt for an indefinite period, without taking any decision as to whether the post needs to be filled up or not, does not behold well with the administration of th e school. In the above view of the matter, the respondents, particularly, responde nt Nos. 4 and 5, namely, Managing Committee, Trilochan Anchalik M. E. School, an d Head Master, Trilochan Anchalik M. E. School, respectively, are hereby directe d to take a decision in the matter as to whether the post, in question, shall or shall not be filled up by making regular appointment and, if they choose to fil l up the post by making regular appointment, the post shall be advertised and th e same shall be filled up in accordance with law. In the selection process, whi ch may be so resorted to, the petitioner shall be given the liberty to participa te provided he remains eligible, when the selection process commences. The decision to fill up or not to fill up the post, as directed hereinbe fore, shall be taken within a period of six weeks from the date of receipt of a copy of this order by the respondent No. 5, namely, Head Master, Trilochan Ancha lik M. E. School, Chamaria, Kamrup. The petitioner may furnish to the respondent No. 5 a certified copy of this order along with a copy of this writ petition. With the above observations and directions, this writ petition stands di sposed of.