WP(C) 757/2011 BEFORE THE HON’BLE MR. JUSTICE I. A. ANSARI Heard Mr. S. C. Biswas, learned counsel for the petitioner, and Mr. U. K. Goswam i, learned Standing Counsel, Education Department, appearing on behalf of respon dent Nos.1 and 2. The petitioner’s father, while working as a Grade-IV employee in the Biswanath C ollege, which stands impleaded as the respondent and is hereinafter referred as the respondent College, died on 8.3.2003 and against the vacancy so created, the petitioner was appointed, on compassionate ground, by an order, dated 6.9.2003, at a fixed pay of Rs.900/- per month. By an order, dated 8.2.2006, the petition er was appointed as a peon as against non-sanctioned post on monthly pay of Rs.1 100/-. With the grievance that though two posts are, now, lying vacant in the es tablishment of the respondent College, the petitioner’s service has not been reg ularised and instead thereof, the respondent College has been trying to fill up the existing vacancies by outsiders, the petitioner has filed this writ petition , under Article 226 of the Constitution of India, seeking appropriate directions . It needs to be made clear, at the very outset, that no sanctioned post of Grade- IV, in the respondent College, can be filled up, on regular basis, except by hol ding an appropriate selection process. Considered in this light, it becomes clea r that the petitioner does not have any indefeasible right to claim regularisati on of his service against any of the said two vacant posts until the time he par ticipates in an appropriate selection process and gets selected. However, the pe titioner shall remain at liberty to appear in the selection process as and when the respondent College initiates the process of selection provided tht the petit ioner is, otherwise, eligible for selection and appointment thereto. In conseque nce thereof, it is also made clear that the respondent College shall not make an y appointment against the said existing posts except by way of regular appointme nt as indicated above, wherein every eligible person shall be given an opportuni ty to participate, if the petitioner so decides. Before parting with this writ petition, it is made clear that it has been submit ted, on behalf of the petitioner, that the petitioner has already applied for ap pointment on regular basis against any of the said two sanctioned posts under th e relevant scheme meant for appointment on compassionate ground and that his nam e has already been recommended. If the petitioner has applied for appointment on compassionate ground, as submitted on behalf of the petitioner, the respondents /authorities concerned shall deal with the matter in accordance with law. The writ petition shall stand disposed of in terms of the above directions.