WP(C) 54/2011 BEFORE THE HON’BLE MR. JUSTICE HRISHIKESH ROY The petitioner whose father retired from service on 28.2.2010 while serving as H eadmaster in 607 Nagatilla L.P. School of Hailakandi district seeks direction f or consideration of his appointment against 10% quota specified for wards of ret ired teachers as per the Government Notification dated 23.7.1999 (Annexure-D), w hereby reservation of limited posts for the sons and unmarried daughters of reti red teachers have been provided. Mr. A. Deka, learned departmental counsel has relied upon a decision of this Court in Shahejul Hussain Saikia vs. State of Assam reported in 2005 (2) GLT 241 to contend that consideration against the 10% quota under Notification dated 23.7.1999 cannot be automatic and an aspirant must go through the process selection as merit is the sine qua non to evaluate the suitability of a person for being considered for an appointment as a teacher. I also find from an order dated 27.4.2005 in WP(C) 3046/2005 (Dipankar B orah vs. State of Assam) (Annexure-J) that unless a person appears in a selectio n process and his merit is assessed, he cannot claim the benefit of the circular dated 23.7.1999. In the above view of the matter, this case is disposed of with a directi on to the State respondents that as and when a selection process for appointment to the vacancies envisaged under the circular dated 23.7.1999 is initiated, sub ject to the petitioner applying for consideration of his merit and his evaluatio n thereafter, he shall be considered against the 10% quota vacancies along with similarly situated candidates. However this order should not be construed to be a direction to the respondents to appoint the petitioner in any post. The case is disposed of with the above order.