WP(C) 3766/2009 BEFORE THE HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr. A Jahid, learned counsel for the petitioner and Mr. M R Pathak , learned Standing counsel, Education Department, Assam. Considering the grievance raised in the writ petition and as agreed to b y the learned counsel appearing for the parties, this writ petition is disposed of at the motion stage itself. The case of the petitioner in brief is that the petitioner’s father was the Head Teacher of No.1068 Garemari LP School under the Deputy Inspector of Sch ools, Barpeta and retired on 30.06.2009 on attaining the age of superranuation. Due to his father’s retirement, the petitioner’s family is suffering from acute financial hardship. The petitioner being a graduate is eligible to be appointed in any post of LP School Teachers or in any Gr-III post under retired teacher’s quota under the respondent authority. The petitioner has filed representation da ted 20.07.2009 before the respondent authority for appointment against 10% reser vation quota for the sons and unmarried daughters of retired primary level to se condary level teachers but the same has evoked no response. Hence being aggrieve d, the petitioner has filed this instant writ petition for a direction to the re spondent authority to consider his case in terms of the Govt. notification, issued in this regard. A bare look into the relevant notification makes it clear that the same provides for appointment against 10% quota for the sons and unmarried daughters of the retired teachers from primary to secondary school level according to thei r merit. The assessment of the merit of the candidates applying for appointments against the said quota is therefore a necessary pre-condition. The petitioner a dmittedly has not appeared in any selection process for the assessment of his me rit as contemplated in the said notification. At the same time, in view of the p olicy decision of the Govt. for appointment against 10% reservation quota for so ns and unmarried daughters of retired teachers, the petitioner if selected, and his merit permitting, he is entitled to have his case considered in terms of the above policy. In that view of the matter, this petition is disposed of with a directio n to the State respondents that as and when a selection process for appointment to the post envisaged to the above notification is initiated, the case of the pe titioner, if he participates therein, would be considered for appointment and de pending on his merit assessed against the quota prescribed subject to his satisf ying other condition of eligibility prescribed by the notification. This however , should not be construed to be a direction to the respondent to appoint the pet itioner in any post. With the above direction(s), this writ petition is disposed of. No costs .