WP(C) 3040/2009 BEFORE THE HON’BLE MR. JUSTICE U.B. SAHA By this writ petition, the petitioner made a prayer for a direction to the respo ndents to issue an appointment letter in favour of the petitioner for the post o f Grad-III post under the Director of Elementary Education being he was selected for the said post. Heard Mr. R. Dhar, learned counsel appearing for the petitioner as well as Mr. M.K. Misra, learned Standing Counsel, Education Department appearing on b ehalf of the respondent Nos.2,4 and 5. None appears on behalf of the respondent Nos.1,3 and 6 when the matter is called on. It appears from the records that the respondent No.3 has already been fi led an affidavit-in-opposition filed by one Smti. Junu Neog, Deputy Director of Social Welfare, wherein it is stated that the selected list for the post of Grad e-III still in force but the petitioner’s case could not be considered as there are no more vacant posts except two numbers, which have already been filled and the appointment against the back log vacancies for the physically handicapped in which category, petitioner has almost completed as per the select list. In view of the above position, the Court is not in a position to direct the State-respondents particularly the respondent No.1,3 and 6 to appoint the pe titioner against the back log reserved quota meant for physically handicapped pe rsons. However, it would not be appropriate for the Court to straightway dismiss the petition being the select list is still in force. It would meet justice if the respondent No.3 is directed to consider the case of the petitioner as and wh en vacancies arises so that the petitioner may not be deprived from getting the fruits of his selection. Accordingly, it is ordered. In view of the above, the writ petition is disposed of.