B.P. Katakey, J.@mdashBy this writ petition, the petitioner claims appointment as Asstt. Teacher in the Middle or L.P School in Karimganj
District against 10% vacancy stated to have kept reserved by the Government of Assam for the purpose of sons and daughters of retired school
teachers.
2. The petitioner''s case is that his father who was a Hindi teacher in Mothair Ali M.V. School in the district of Karimganj retired from service on
31.5.2000 and thereafter he filed an application before the District, Elementary Officer, Karimganj claiming appointment as Asstt. Teacher under
the 10% of the vacancy kept reserved by the Government for appointment of sons and daughters of the retired school teachers. The petitioner''s
further case is that he was a candidate pursuant to the advertisement issued in the year 1996 for selection to the post of Asstt. teacher in
L.P/Middle school in his district but no select list has been published.
3. I have heard Dr. B. Ahmed, learned Counsel for the petitioner and Mr. N. Ahmed, learned standing counsel. Education Department appearing
on behalf of the respondents. No affidavit-in-opposition has been filed and no record has been produced.
4. The petitioner has claimed appointment against the 10% reserved vacancy stated to have kept reserved by the Government for sons and
daughters of the retired school teachers for appointment as Asstt. teacher. As because certain vacancies are kept reserved by the Government it
does not mean that the authority can make appointment against such vacancies without there being any advertisement and selection. It appears
from the statement made in the writ petition that the petitioner claims appointment even without there being any selection. The school in which
petitioner claims appointment being provincialised school, the authority is bound to follow procedure laid down in the Assam Elementary Education
(Provincialisation) Act, 1974 (in short 1974 Act) and the rules framed thereunder. Without following due process of law without there being an
advertisement and selection the authority cannot appoint any person on regular basis and even for any vacancy which has been kept reserved for
any particular category of persons. The further case of the petitioner is that he appeared in an interview pursuant to the advertisement issued in the
year 1996 but no result has been declared. The petitioner has filed the present writ petition in a year 2000 questioning non-publication of result of
the interview conducted pursuant to the advertisement issued in the year 1996. Because of delay and latches on the part of the petitioner such
dispute cannot be allowed to be raised.
5. In view of the above, the writ petition is devoid of any merit and hence the same is dismissed. However, in the event the authority issue any
advertisement for the purpose of selection of Asstt. teacher in Middle/L.P school, it is open to the petitioner to make application pursuant to such
advertisement claiming selection against any reserved category post and in the event if making such application, the authority will definitely consider
the said application for selection pursuant to such advertisement along with other applicants subject to fulfilment of the eligibility criteria.
6. The writ petition is accordingly disposed of.
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