WP(C) 5132/2010 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. TC Chutia, learned counsel for the petitioner and Mr. UK Goswami, lear ned Standing Counsel, Education Department, Assam. The case of the petitioner in short is that his father retired as the Head Maste r of Habisua Napam LP School, Golaghat on 30.09.2009. He submitted a representat ion before the Deputy Inspector of Schools, Golaghat on 07.12.2009 for considera tion of his case against 10% quota posts reserved for sons and unmarried daughte rs of retired primary to secondary school teacher. His grievance is that the sam e has remained undisposed till date. The petitioner, therefore, prays for a writ of mandamus to the respondents to consider his case in terms of the said notifi cation. A bare look into the relevant notification makes it clear that i t provides for appointment against 10% quota reserved for the sons and unmarried daughters of the retired teachers from primary to secondary school level accord ing to merit. The assessment of merit of the candidates applying for appointment s against the said quota is, therefore, a necessary pre-condition. At the same time, in view of the Policy decision as above, the p etitioner, if selected and his merit permitting, he is entitled to have his case considered in terms of the above. In that view of the matter, this petition is disposed of with a direction to the State respondents that as and when a selecti on process for appointment to the posts envisaged in the above notification is i nitiated, the case of the petitioner, if he participates therein, would be consi dered and depending on his merit assessed, he would be considered for appointmen t against the quota prescribed subject to his satisfying other conditions of eli gibility prescribed by the notification. This, however, should not be construed to be a direction to the respondents to appoint the petitioner in any post. With the above observations and directions the petition is closed. No costs.