CWP No. 2542 of 2009. 3.8.2009 Present: Mr. R.R. Rahi, Advocate for the petitioner. Mr. R.K. Bawa, Advocate General with Mr. J.K. Verma and Mr. Anil Jaswal, Deputy Advocate Generals for the respondents. The mother of the petitioner was appointed as Part- Time Water Carrier in Government Primary School, Sanog on 1.6.1997. She met with an accident in the month of December, 2000. She became hundred per cent handicapped. She made a representation through proper channel to the authorities to give compassionate appointment to her son. Initially, the plea of the mother was turned down on 9.12.2002. However, the same was acceded to by the respondent vide letter dated 7.12.2006 (Annexure P-6). The petitioner approached the Headmaster of Government Middle School, Baindi for his joining. He was not permitted to join his duties since no sanctioned post of Part-Time Water Carrier was available. The Deputy Director informed the Director, Primary Education on 22.4.2009 to sanction the post of Part-Time Water Carrier for Government Middle School, Baindi. We have gone through the pleadings carefully. The mother of the petitioner was appointed as Part-Time Water Carrier on 1.6.1997. She met with an accident in the year 2000. The representation made by her to the authorities to consider her son for appointment on compassionate basis was turned down in 2002. The petitioner was appointed Part-Time Water Carrier on 7.12.2006 as per Annexure P-6. Mr. R.R. Rahi has drawn the attention of the Court to Annexure P- 16 whereby notification was issued by the State for making appointment on compassionate basis. The notification is dated 12.9.2007. The petitioner was appointed on 7.12.2006. We are of the considered opinion that the post of Part- Time Water Carrier cannot be treated as hereditary office. It was incumbent upon the respondents to advertise the post and to fill up the same thereafter in accordance with law. The officers mentioned, i.e. Naib Tehsildar, Tehsildar, Sub Divisional Officer (Civil) and Executive Magistrate cannot be permitted to make appointments under Rule 12 without following or laying down the guidelines. The selection process cannot be given complete go-bye. The appointment if made under Rule 12 must conform to Articles 14 and 16 of the Constitution of India. These posts are also required to be advertised confining the consideration to the categories mentioned in Rule 12. The Authorities concerned thereafter have to compare the handicap/difficulties faced by the candidates. The appointment of the petitioner has been made on 7.12.2006 under the scheme. The scheme is not statutory in nature. The writ petition is maintainable only for the enforcement of fundamental and legal rights based on law. This Court will loathe to exercise its jurisdiction directing the respondents to create the post of Part-Time Water Carrier in Government Middle School, Baindi as prayed for by the petitioner. The creation of posts is the job of the State Government. Accordingly, in view of the observations made hereinabove, there is no merit in this petition and the same is dismissed. No costs. (Jagdish Bhalla), C.J. (Rajiv Sharma), J. August 3, 2009. (cr)