WP(C) 4142/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Ms R Barua, learned counsel for the petitioner as well as Mr. Chouhdury, l earned standing counsel, Education Department appearing for the respondents Nos. 1 to 4. The petitioner, by the present petition, has prayed for a direction to the respo ndent authorities to regularize him in service as Sanskrit teacher in Kismat Has daha High school, Dhubri and to release the arrear salary as well as the current salary with effect from 2.1.2004. An alternative prayer has also been made for issuance of a direction to the respondent authorities to allow him to take part in the selection process to be initiated by condoning the upper age limit for su ch recruitment, in the event the petitioner is not found to be entitled to regul arization. The learned counsel for the petitioner has submitted that since in terms of the verbal order passed by the headmaster of the said school, the petitioner has bee n discharging his duties as Sanskrit teacher with effect from 2.1.2004 i.e. for more than seven years and since the respondent authorities have taken the servic e of the petitioner they cannot refuse to pay his salary and regularize him in s ervice. In the alternative it has been submitted by the learned counsel for the petitioner that in the event the petitioner is not found to be entitled to regul arization the authority may be directed to consider his case for regular selecti on as and when such selection process is undertaken by condoning the upper age l imit. The learned standing counsel appearing for the respondent Nos. 1 to 4 submits th at the petitioner having claimed that he was appointed on verbal order of the he admaster in a Govt. school, he cannot claim for salary on the basis of such verb al order as under the relevant Rules the post of Classical teacher is to be fill ed up by initiating selection process and no incumbent can be appointed on verba l order that too by the headmaster of a school. It has also been submitted that the petitioner also cannot claim for regularization as it would amount to back d oor entry into Govt. service. Relating to the prayer for condoning the upper age limit of the petitioner, it i s submitted by the learned standing counsel that in the event the petitioner fil es any application as and when the selection process is initiated the same shall definitely be considered by the authority in accordance with law. The petitioner claims that he joined as Sanskrit teacher in the aforesaid school on 2.1.2004 against a regular vacant post in terms of the verbal order of the h eadmaster. Admittedly the school in question is a Govt. school. No recruitment c an be made without initiating any selection process. The petitioner did not clai m that he was selected and appointed. The petitioner claims that he has been app ointed on verbal order of the headmaster. The petitioner having not been appoint ed by following the due process of law cannot claim payment of salary on the bas is of such verbal order of the headmaster. The prayer for regularization in ser vice also cannot be entertained as it would amount to back door entry into servi ce. That being the position the first two prayers made in the writ petition stands r ejected. However, it would not preclude the petitioner from participating in the selection process in the event of initiation of the same subject to fulfillment of eligibility criteria. If the petitioner in the meantime has crossed the uppe r age limit, he may approach the Commissioner and Secretary to the Govt. of Assa m, Education (Secondary) Department for condoning the upper age limit and in the event of making such approach, necessary order in accordance with law in that r egard shall be passed. The writ petition stands disposed of. No cost.