WP(C) 3096/2003 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA. Heard Mr. M.U. Mahmud, learned counsel for the petitioner. None appears for the respondents. By means of this writ petition, the petitioner has challenged the interv iew held on 7.4.2003 for the post of Lower Division Assistant (L.D.A.) in M.C. C ollege, Barpeta. Referring to Rule 10 of the Assam Directorate Establishment Se rvice Rules, 1973, it is the case of the petitioner that he is entitled to get c onsideration against 10% quota earmarked for Grade-IV staff with the requisite q ualification. As per the said rule, the post of L.D.A. is required to be filled up as 70% by direct recruitment, 20% by promotion from amongst the Typists with the requisite qualification and 10% from amongst Grade-IV staff with the requisi te qualification. However, nothing has been stated in the writ petition as to wh y the case of the petitioner alone is required to be considered leaving aside th e categories of 70% and 20%. When the writ petition was entertained by order dated 29.4.2003, an inte rim order was passed not to fill up the said vacant post of L.D.A. However, subs equently, the said interim order was vacated by order dated 13.8.2004 passed in Misc. Case No.1180/2003. In the said Miscellaneous Application, the stand of the respondents is that the post is required to be filled up as per the provisions of the Assam Non-Government College Management (Amendment) Rules, 2001 and the A ssam Education Department Selection Rules, 1981. It has been stated that there i s no scope of any up-gradation of the petitioner to the post of L.D.A, as has be en prayed for in the writ petition. When the matter was taken up on 21.4.2008, it was noticed that during th e pendency of the writ petition, the appointment to the vacant post of L.D.A. ha d been made. The said incumbent being not a party to the writ petition and the same being pointed out, Mr. Mahmud, learned counsel for the petitioner prayed fo r two weeks time to file an application for necessary impleadment. However, no s uch application has been filed and thus, the selected candidate for the said vac ant post of L.D.A., who has already been appointed, is not a party respondent in this proceeding. Accordingly, no adverse order can be passed against the said r espondent. For all the aforesaid reasons, I do not find any merit in the writ petit ion and accordingly, it is dismissed.