WP(C) 5294/2010 BEFORE THE HON’BLE MR JUSTICE I.A. ANSARI Heard Mr. A.R. Talukdar, learned counsel, for the petitioner, and Mr. A.D. Choud hury, learned counsel, for the respondents. The petitioner’s father, Nishidhar Das, was a grade-IV employee, working as Chow kidar, at Baidyanath M.E. School, Gobindaganj Bazar, Karimganj, which is represe nted by the respondent No.5, who is headmaster of the said school. On attaining the age of superannuation, the petitioner’s father retired on 31.12.99. Thereaft er, the petitioner was engaged as a Chowkidar, on 01.01.2000, by the authorities of the school concerned on an honorarium of Rs.200/- per month. By filing this writ petition, under Article 226 of the Constitution of India, th e petitioner seeks regularization of his service. Considering the fact that the school, in question, is a provincialised school, n o post of grade-IV, including that of Chowkidar of the school, can be filled up by the respondents without inviting applications from eligible candidates or els e, the appointment, if any, made, would be illegal, the same being contrary to t he appointments to be made in public domain. The writ petitioner does not contend that there has been any advertisement for t he post of grade-IV (Chowkidar) of the said school. Hence, the benefit of the qu ota of 10%, reserved for children of retired teachers, cannot be resorted to by the respondents. In view of the above, this writ petition is disposed of with direction to the r espondents to allow the petitioner to participate in the selection process as an d when such a process is initiated provided that the petitioner, in terms of the conditions of recruitment, remain eligible for appointment to grade-IV. If the petitioner happens to be selected in the selection process, the reservation poli cy of 10% quota, as indicated hereinbefore, shall be resorted to by the responde nts in accordance with law. No order as to costs.