WP(C)/5208/2008 of SRI UMESH CH. SAIKIA Vs THE BODOLAND TERRITORIAL COUNCIL and ORS. on 22 December 2008

WP(C) 5208/2008BEFORE

HON’BLE MR JUSTICE AMITAVA ROYHeard Mr Sharmah , learned Counsel for the petitioner and Mr Das, learned Standing Counsel, Bodoland Territorial Council.

The case of the petitioner in short is that his father retired as Head Pandit from Habijjhar LP School in the district of Darrang( now Udulguri) on 28.2.1990 . He made a representation to the concerned authority for his case to be considered against 10% quota posts reserved for sons and unmarried daughters of retired primary to secondary school teacher. His grievance isthat the same has remained undisposed till date. The petitioner, therefore, prays for a writ of mandamus to the respondents to consider her case in terms of the said notification.

A bare look into the relevant notification makes it clear that the same provides for appointment against 10% quota reserved for the sons and unmarried daughters of the retired teachers from primary to secondary school levelaccording to merit. The assessment of merit of the candidates applying for appointments against the said quota is, therefore, a necessary pre-condition. The petitioner admittedly has not appeared in any selection process for the assessment of his merit as contemplated in the said notification.

At the same time, in view of the Policy decision as above, the petitioner, if selected and his merit permitting, he is entitled to have his case considered in terms of the above. In that view of the matter, this petition is disposed of with a direction to the State respondents that as and when a selection process for appointment to posts envisaged in the above notification is initiated, the case of the petitioner, if he participates therein, would be considered for appointment and depending on his merit assessed against the quota prescribed subject to his satisfying other conditions of eligibility prescribed bythe notification. This, however, should not be construed to be a direction to the respondents to appoint the petitioner in any post.

With the above observations and directions the petition is closed. No costs.