WP(C) 6468/2006 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Ms. M. Bhattacharjee, learned counsel for the petitioner as well as Mr. B. K. Sarma, learned Standing Counsel, Social Welfare Department. By means of this writ petition, the petitioner has prayed for a direction to the respondents to appoint him to the post of Statistical Assistant in the district of Cachar under Social Welfare Department. Although, the petitioner has not dis closed vacancy position, in the counter affidavit filed by the respondents, it h as been stated that total number of vacancy for which the selection was conducte d was 6. The petitioner occupied merit position at serial No. 9. According to th e petitioner, the respondent No. 4, whose merit position was at serial No. 12 co uld not have been appointed and accordingly his appointment vide order dated 17. 2.2006 is liable to be interfered with. The official respondents have filed their counter affidavit taking the ground of non-maintainability of the writ petition, the same having been filed after expi ry of the select list on 10.11.2006. The writ petition was filed on 21.12.2006 a fter expiry of the select list on 10.11.2006. The respondents have further state d in their affidavit that number of vacancies being 6, the petitioner could not be appointed having occupied merit position at serial No. 9. As regards appointment of the respondent No. 4, whose merit position was at seri al No. 12, it is the stand of the respondents that the said candidate was appoin ted as per 1% reservation against sports quota. Above being the position, i.e. expiry of the select list before filing of the wr it petition and the petitioner being not within the zone of consideration for ap pointment, no direction can be issued for his appointment as has been claimed in the writ petition. Writ petition is dismissed. There shall be no order as to costs.