WP(C) 4816/2011 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI Heard Mr. A Sarma, learned counsel for the petitioner, and Mr. J Abedin, learned Standing counsel, Education Department, appearing on behalf of respondents. Hea rd also Mr. HK Barman, learned Government Advocate. The petitioner’s grievance is that he has been appointed as a teacher in No. 1 Tengapur LP School, Dhemaji, by its Managing Committee, in the year 2005, but his service has not been regularized. The petitioner has, therefore, filed this writ petition, under Article 226 of the Constitution of India, seeking issu ance of appropriate direction. On a query made by this Court, it could not be submitted, on behalf of t he petitioner, whether there is any sanctioned vacant post in the said school. I n fact, it could also not be submitted, on behalf of the petitioner, as to wheth er the appointment of the petitioner is presently against any sanctioned post. I n the absence of any vacant sanctioned post, no direction for making appointment can be issued by this Court in exercise of its power under Article 226 of the C onstitution of India. This apart, if a sanctioned post is required to be filled up, there has to be a regular selection process and the petitioner may, if and w hen such a process of selection is held, apply for selection and appointment pro vided that he is, otherwise, eligible to seek such appointment. Considering, therefore, the matter in its entirety and in the interest o f justice, this writ petition is disposed of with direction to the respondent No . 2, namely, Director of Elementary Education, Guwahati, to examine the grievanc es of the petitioner in the light of the relevant facts, by obtaining report(s) from the appropriate authorities including the respondent No. 4, namely, Inspect or of Schools, Dhemaji, and, then, pass appropriate order(s). Under no circumsta nces, respondent No. 2 shall pass order of regularization of the petitioner’s se rvice. If the respondent No. 2 finds that there is a sanctioned post vacant in t he said school, he may direct filling up of the post by resorting to a due selec tion process as permissible in law and in such a selection process, the petition er may participate as indicated above subject to the petitioner being found elig ible. The whole exercise, so directed, shall be completed by the respondent No. 2 within a period of three months from the date of receipt of a copy of this ord er by the respondent No. 2. The petitioner may furnish to the respondent No. 2, namely, Director of Elementary Education, Guwahati, a certified copy of this ord er and copies of the writ petition and annexure thereto.