Heard Mr. A.Hai, learrned counsel for the petitioner. Also heard Mr. KC Mahanta, learned Govt. Advocate, 2. Petitioner was appointed by the Secretary of the 1944 Char Airan Jongle LP School honorary teacher on 3.9.90. Admittedly, the school is a provincialised school. 3. It is contended on behalf of the petitioner that his father donated the land where the said LP School is situated and the petitioner also contributed the chairs and tables of the school. 4. Under section 77 of the Assam Elementary Education (Provincialisation) Act, 1974 the Assam Elementary Education (Provincialisation) Rules, 1977 was framed providing the method of recruitment/appointment etc. Rule 3 (i) of the said Rules provides that : "3. (i) Method of recruitment : In the month of January every year the DI of Schools shall invite applications in prescribed form for vacancies of elementary school teachers which are likely to occur in the year in his establishment." Part II of the Rules 1977 provides for constitution of Managing Committee and Rule 7 and 8 provides for power and function of Managing Committee. ''7. Powers and functions of the MC - (1) The Managing Committee shall look after proper management of the school building and the compound. (2) It shall take necessary steps to repair, improve or reconstruct the school building and to provide fencing around the school compound : 8. No member of Managing Committee shall inspect a school in the manner of an Inspecting Officer and he shall not record his remakes in the official inspection book of the school. If a teacher happens to be habi­tually irregular or unmindful of his duties, the President, at first instance, shall draw the attention of the teacher to seriousness of his delinquency, and if the teacher does not mind his ways, the matter shall be reported to the Sub-Inspector of the Circle, who shall take suitable action with the approval of DI. In all cases action shall be taken promptly." Rule 3 (vi) provides as follows :- "3.(vi) On receipt of applications, the Selection Committee shall scru­tinise the mark sheets and other necessary testimonials of the candidates and prepare a list of candidates for interview by the Selection Committee. The Selection Committee shall then finalise the list of successful candidates in order of merit after interview and shall put up the list before the Board for approval. The Selection Committee shall then finalise the list of successful candidates in order of merit after interview and shall put up the list before the Board for approval. While approving the list, the Board be guided by the declared policies of the Government and instructions issued by the Government from time to time. After approval of the list by the Board the same shall be sent to the Director of Elementary Education for his final approval. The Deputy Inspector of Schools will appoint the selected candidates in order of merit from the list approved by the Director of Elementary Education as and when required as per Government Rules and Govern­ment instructions for the time being in force." 5. The Rules nowhere provides that the Managing Committee has been given any authority of appointment in provincialised school. The DI of School has to prepare list for vacancies, going to be vacant for the year, in his establi­shment and selection shall be made under the provisions of Rule 3. Rule 3 (vi) provides for reservation of posts for Scheduled Castes and Scheduled Tribes. 6. As policy matter, Government also from time to time issued guidelines for appointment of teachers for Elementary Schools. For that purpose Government has enunciated some criteria for categorisation of the selected candidates under Rule 3 (vi) of the Rules in the following manner : (i) Population pattern of the Sub-Division. (ii) Economic position of the family/candidate (certificates of Mauzadar, SDC, SDO will be basis for ascertaining the economic condition). (iii) Non service holders in the family. (iv) SC/ST/OBC/MOBC reservation (Sub-Divisional wise as per govt. existing policy and consideration from minorities) (v) Political sufferers as per existing norms. (vi) Reservation for sons/daughters of retired teachers. (vii) Minimum educational qualification should be HSLC pass. viii) Nos. of candidates should strictly be selected as per number of available vacancies only in one list. (ix) Other conditions being the same weight age should be given to the candidates senior in age. (x) Sons/daughters of persons killed by extremists (list of such persons are to be collected from Deputy Commissioner and SDOs). 7. From the submission of Mr. Hai and contentions in the writ petition it appears that petitioner was appointed initially by the Secretary of the Managing Committee cm 3.9.90 (Annexure A to the petition) and at that time the school was a provincialised school. 7. From the submission of Mr. Hai and contentions in the writ petition it appears that petitioner was appointed initially by the Secretary of the Managing Committee cm 3.9.90 (Annexure A to the petition) and at that time the school was a provincialised school. Petitioner approached the Minister for regularisation in his service on 25.10.91 and thereafter he was appointed temporarily as Assistant Teacher in the said school for one month. Again his service was extended for one month with effect from 16.1.92 and likewise his service was extended by the DI of Schools by order dated 25.2.92 for one month and again his service was extended by order dated 24.3.92 and 21.5.93. But from 21.4.92 he has not been paid his salary. But in spite of that he is working as honorary teacher on the strength of the appointment made by the Secretary, Managing Committee on 3.9.90. He challenges the appointment of respondent No. 6 Smti Monowara Begum who was appointed temporarily vide Annexure B as stipendiary teacher in the fixed stipend of Rs. 900/-. Her appointment was made on 23.9.93. The petitio­ner alleges that by a notification dated 5th June, 93 (Annexure 3 to the writ petition) the Commissioner and Secretary to the Govt. of Assam, Education Department issued ban order within mediate effect in respect of all appointments in the Education Department, including primary, ME, High School and Higher Secondary Schools and during that banned period the respondent No.6 was appointed. 8. The petitioner claims for regularisation of post on the basis of his continuous service since 3.9.90 as honorary teacher as already stated above. 9. It is a provincialised school and no appointment can be made by the Managing Committee of the school. Even if the petitioner is a selected can­didate, as attempt is made by Mr. Hai to show it, shall be subject to selection m order of merit. Further petitioner cannot claim regularisation of his appointment as honorary teacher as he does not fulfill the criteria for appointment as honorary teacher. Further claims for appointment under the guidelines is not sustainable unless he is a selected candidate and in that case his appointment shall be in order of merit only. Government policy matter cannot override the provision of law and therefore the guidelines for appointment of teachers, applicable to the candidates who are selected by selection process as provided m the Act and Rules. Government policy matter cannot override the provision of law and therefore the guidelines for appointment of teachers, applicable to the candidates who are selected by selection process as provided m the Act and Rules. 10. The Assam Elementary Education (Provmcialisation) Act, 1974 protects the ragout of the teacher who were appointed two year or prior to that for absorption while the school is taken for provincialisation. In Civil Rule No. 137,138,1748 and U26 of 1989, disposed of on 15.2.91 a Division Bench of this Court directed that a teacher who had been working for ten years continuously may be considered for regularisation if h& fulfils the required qualifications and conditions. Claim for appointment on regular basis for continuous ten years service on the basis of a certificate from the Headmaster of the School or from DI of Schools cannot create a right to the post until and unless his claim is investigated/enquired by the authority concerned. 11. In view of the above discussion I reject the writ petition at the motion stage.