WP(C) 3045/2007 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. P K R Choudhury, learned counsel for the petitioner, and Mr. M. K. Mis hra, learned Standing counsel, Education Department, Government of Assam, appear ing on behalf of respondent Nos. 1, 2 and 3. Following the directions, contained in the judgment and order, dated 30. 11.2006, passed, in Writ Appeal No. 450/2004, respondent No. 3, namely, District Elementary Education Officer, Kamrup, issued a letter, on 05.02.2007 (Annexure IV to the writ petition), addressed to the respondent No. 5, namely, Head Master , Tarun Ram Phookan Hindi ME School, Maligaon, Guwahati, whereby the respondent No. 5 was requested to issue advertisement for filling up of the post of Chowkid ar in Tarun Ram Phookan Hindi ME School, Maligaon, as per the employment notice, which had been enclosed with the letter, dated 05.02.2007, aforementioned, and to submit, to the office of the respondent No. 3, detailed statement of the can didates along with their applications forms, necessary testimonials, etc. The d irection to submit the statements and application forms, as mentioned hereinbefo re, were to be complied with by the respondent No. 5 within a period of ten days . It was also made clear, in the letter, dated 05.02.2007, aforementioned, that the respondent No. 5 shall inform the present petitioner, namely, Sri Lankeswar Barman, who was appellant in the said writ appeal, and Sri Seva Kanta Jha, whos e appointment had been set aside by the judgment and order, dated 30.11.2006, af orementioned, about the advertisement so that the present petitioner, and also t he said Seva Kanta Jha would be able to submit their application(s) pursuant to the said advertisement. Following, however, the letter, dated 05.02.2007, aforementioned, an adv ertisement was published, on 24.02.2007, by respondent No. 5. Thereafter, on th e basis of the applications received, the respondent No. 5 made the selection. As the State respondents refused to approve the selection, this writ petition ha s been filed by the petitioner, who happens to be selected in the said selection process. It has been pointed out, on behalf of the respondents, that the school, in question, is a provincialised school, and the respondent No. 5, as the headma ster of the said school, has no authority to make the selection, and that the re spondent No. 5 had been requested, by letter dated 05.02.2007, aforementioned, t o submit to the respondent No. 3 all such applications, which the respondent No. 5 might receive pursuant to the advertisement so that further follow up action could be taken, but the respondent No. 5 himself selected the petitioner and, he nce, the petitioner’s selection is bad in law. This legal and factual position have not been in dispute. Situated thus, it is clear that the selection process, which was conduct ed by respondent No. 5, leading to the selection of the present petitioner was, without jurisdiction; hence, the petitioner can derive no benefit from the said selection process. Considering, therefore, the matter in its entirety and in the interest o f justice, the selection, made by respondent No. 5, pursuant to the advertisemen t, dated 24.02.2007, is hereby set aside and quashed. It is, however, made clea r that if the petitioner is working, on temporary basis, in terms of the directi ons, given in the judgment and order, dated 30.11.2006, passed, in Writ Appeal N o. 450/2004, aforementioned, the petitioner shall be allowed to continue until r egular selection is made in respect of the said post. The respondent No. 5 is h ereby directed to advertise the post, in question, in accordance with law, withi n a period of four weeks from the date of receipt a copy of this order. Pursuan t to such advertisement, as has been directed, whatever applications are submitt ed, the same shall be forwarded by respondent No. 5, namely, Head Master, Tarun Ram Phookan Hindi ME School, Maligaon, Guwahati, to respondent No. 3, namely, Di strict Elementary Education Officer, Kamrup, for doing the needful in accordance with law. The petitioner undertakes to furnish, to the respondent No. 5, a certifi ed copy of this order along with copy of this writ petition and annexure(s) ther eto. With the above observations and directions, this writ petition shall sta nd disposed of.