WP(C) 5835/2011 BEFORE THE HON’BLE MR JUSTICE I.A.ANSARI Heard Mr. S. Parashar, learned counsel, for the petitioner, and Mr. A.J. Abedin, learned Standing Counsel, Education Department, for the respondent Nos.1 to 4. The petitioner’s grievance is, in brief, thus: The petitioner joined, on 22.05.2 004, Pratapganj M.E. Madrassa as a Chowkidar on honorary basis, the post of the Chowkidar having fallen vacant due to retirement of its incumbent, Purna Chandra Roy, on 23.03.2004. On 01.01.2006, the petitioner joined Pratapganj High School , Dhubri, on honorary basis in the post, which had fallen vacant due to retireme nt of its incumbent on 31.12.2004. At a later stage, on 01.04.2006, the two scho ols aforementioned were amalgamated and, in consequence of death of the incumben ts of the said two posts of Chowkidars, one in the ME school and the other in th e High School, the respondent School has not filled up the said posts on regular basis by appointing the petitioner against one of the said two vacant posts. As the two posts have not been filled up by regular appointment, the petitioner ha s filed this writ petition, under Article 226 of the Constitution of India, seek ing issuance of appropriate directions. Considering the fact that no appointment, in the public domain, can be made with out allowing every interested eligible person to participate in the selection pr ocess, the question of appointing the petitioner directly against one of the sai d vacant posts of Chowkidar and/or regularizing the petitioner’s service against any of the said two posts does not legally arise. The petitioner shall, however , have a right to appear in the selection process, which may be initiated by the school concerned to fill up one or both posts of Chowkidar, provided that the p etitioner remains eligible for such appointment at the time, when selection proc ess is initiated. Considering, therefore, the matter in its entirety and in the interest of justic e, this writ petition is disposed of with direction to the respondents, particul arly, respondent No.5, namely, Headmaster, Pratapganj High School, to allow the petitioner to participate in the selection process to fill up either both or one of the said two poses of Chowkidar. If the petitioner applies for such appointm ent along with other eligible persons, who may be applying for filling up the sa id post(s) provided that the petitioner remains eligible for appointment to the said post(s). No costs.