WP(C) 355/2011 BEFORE THE HON’BLE MR.JUSTICE U.B. SAHA The instant writ petition is filed by the petitioner Mrs. Purabi Kalita, who is at present working as teacher-on-attachment in Commerce Department in Arya Vidya pith HS & MP School, Sarabbhati, Guwahati for advertisement published in the Jan asangjog/5728/2010 published in ’The Assam Tribune’ of 7th January, 2011 (Annexu re-5 to the writ petition) whereby and whereunder the respondents are going to f ill up the post of Post Graduate Teacher (Commerce), in the said school where th e petitioner is presently attached, without accommodating her in view of the or der dated 7th August, 2009 issued by the Under Secretary, Govt. of Assam, Educat ion (S) Department (Annexure-1 to the writ petition) and also for an interim ord er. Heard Mr. SC Biswas, learned counsel for the petitioner who contended th at the impugned advertisement (Anneuxre-5 to the writ petition) is illegal so fa r relating to the post of Post Graduate Teacher (Commerce) as the same is issued in violation to the government decision contained in letter dated 7th August, 2 009 (Annexure-1 to the writ petition) and the respondent authority is not empowe red to fill up the post of Post Graduate Teacher in Commerce without accommodati ng the petitioner being she is at present working in that school as an attached teacher in the capacity of Post Graduate Teacher (Commerce). Mr. SK Das, learned Standing counsel for the Education Department submit s that the petitioner should not directly approach this Court without making any representation to the concerned authority after publication of the advertisemen t (annexure-5 to the writ petition) as it may have happened that when the advert isement was published or when the authority took the decision of filling up the post of Post Graduate Teacher (commerce) the order dated 7th August, 2009 (Annex ure-1 to the writ petition ) was not within their knowledge. Therefore, accordin g to him, it would be proper to dispose of the writ petition with a direction to the petitioner to submit a representation to the Director of Secondary Educatio n, Assam respondent No. 2 herein within a period of seven days stating all her g rievances along with the order dated 7th August, 2009 and the respondent No. 2 w ould dispose of the same within a period of seven days from the date of receipt of the representation and till then the authority may be allowed to proceed with the selection in view of the Advertisement (Anneuxre-5 to the writ petition) b ut nobody should be appointed as a Post Graduate Teacher (Commerce). In view of the submission of the learned counsel for the parties, this C ourt is of the considered opinion that it would not be proper to keep the writ p etition pending. Accordingly, the writ petition is disposed of with a simple dir ection to the petitioner to submit a representation to the Director of Secondary Education, Assam respondent No. 2 within a period of seven days raising all her grievances and the respondent No. 2 shall in trun dispose of the same by a reas oned order taking note of the order dated 7th August, 2009 (Anneuxre-1 to the wr it petition) within a period of seven days and till disposal of the representati on of the petitioner the respondent No. 2 shall not appoint any person to the po st of Post Graduate Teacher (Commerce) in Arya Vidyapith HS & MP School, Sarabbh ati, Guwahati. However, the respondent authority can proceed with the selection process for all the subjects advertised. It is made clear that if the post advertised f or Post Graduate Teacher (Commerce) comes within the purview of the reserved quo ta, then the authority is free to take any decision according to their own choic e being the present petitioner does not come within the purview of reserved quot a. With the aforesaid order, this writ petition stands disposed of.