WP(C) 4642/2010 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. A Roshid, learned Counsel for the petitioner and Mr. UK Goswami, learn ed Standing Counsel, Education Department, Assam. The case of the petitioner in short is that his father retired a s the Assistant Teacher of Raghunath Choudhury H.S. School, in the district of N albari on 28.02.2010. On 24.04.2010 he made a representation to the concerned au thority for his case to be considered against 10% quota posts reserved for sons and unmarried daughters of retired primary to secondary school teacher. His grie vance is that the same has remained undisposed till date. The petitioner, theref ore, prays for a writ of mandamus to the respondents to consider his case in ter ms of the said notification. 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. The petitione r admittedly has not appeared in any selection process for the assessment of his merit as contemplated in the said notification. 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 posts envisaged in the above notification is initi ated, the case of the petitioner, if he participates therein, would be considere d and depending on his merit assessed, he would be considered for appointment ag ainst the quota prescribed subject to his satisfying other conditions of eligibi lity prescribed by the notification. This, however, should not be construed to b e a direction to the respondents to appoint the petitioner in any post. With the above observations and directions the petition is closed. No costs