WP(C) 5208/2008 BEFORE HON’BLE MR JUSTICE AMITAVA ROY Heard Mr Sharmah , learned Counsel for the petitioner and Mr Das, learned Stan ding Counsel, Bodoland Territorial Council. The case of the petitioner in short is that his father retired as Head Pandit from Habijjhar LP School in the district of Darrang( now U dulguri) on 28.2.1990 . He made a representation to the concerned authority for his case to be considered against 10% quota posts reserved for sons and unma rried daughters of retired primary to secondary school teacher. His grievance is that the same has remained undisposed till date. The petitioner, therefore, pra ys for a writ of mandamus to the respondents to consider her case in terms of t he said notification. A bare look into the relevant notification makes it clear that t he same provides for appointment against 10% quota reserved for the sons and un married daughters of the retired teachers from primary to secondary school level according to merit. The assessment of merit of the candidates applying for appo intments against the said quota is, therefore, a necessary pre-condition. The pe titioner admittedly has not appeared in any selection process for the assessment of his merit as contemp lated in the said notification. At the same time, in view of the Policy decision as above, the p etitioner, if selected and his merit permitting, he is entitled to have his ca se considered in terms of the above. In that view of the matter, this petition i s disposed of with a direction to the State respondents that as and when a selec tion process for appointment to posts envisaged in the above notification is ini tiated, the case of the petitioner, if he participates therein, would be conside red for appointment and depending on his merit assessed against the quota pres cribed subject to his satisfying other conditions of eligibility prescribed by the notification. This, however, should not be construed to be a direction to t he respondents to appoint the petitioner in any post. With the above observations and directions the petition is closed. N o costs.