WP(C) 3607/2008 BEFORE THE HON’BLE MR. JUSTICE B. K. SHARMA Heard Mr. K. Gogoi, learned counsel for the petitioner as well a s Ms. R. Chakraborty, learned Additional Sr. Govt. Advocate, Assam. By means of this writ petition, the petitioner has prayed for a direction to the respondents to appoint her as Junior Assistant on the basis of the selection conducted for the purpose. An advertisement dated 4.4.2007 (Annexu re-A) was issued by the Deputy Commissioner, Dhemaji inviting applications among st others for the post of Junior Assistant. Number of post indicated in the adve rtisement was three. There is no dispute that the petitioner has come out succes sfully in the selection and her name appears at serial No. 3. She is an OBC cand idate. According to the respondents, 3rd post has been kept reserved for compass ionate appointment. Inspite of granting opportunities, the respondents have not file d any counter affidavit. As per the para-wise comments dated 18.9.2008 furnished by the Deputy Commissioner to the learned State Counsel, in the advertisement, there was no indication that the 3rd post was reserved for compassionate appoint ment. Compassionate appointment could not be made due to non-receipt of approval from the State Level Committee. As regards the position of the petitioner in th e merit list, it has been admitted that she occupies Sl. No. 3. If the petitione r was selected against one of the three vacancies, she cannot be deprived of her appointment. There was no indication in the advertisement that one of the three vacancies was reserved for compassionate appointment. Compassionate appointment is altogether on a different footing a nd the same will have to be within the quota prescribed. The advertisement was i ssued for three regular posts of Junior Assistant and the petitioner occupies me rit position at Sl. No. 3. The authority will have to proceed with the matter re lating to appointment on the basis of the merit positions in the select list. If the petitioner comes within the zone of consideration, she cannot be deprived o f the appointment on the ground that the post is reserved for compassionate appo intment. In view of the above, the writ petition is allowed with the dire ction to the respondents to proceed with the matter relating to appointment of t he petitioner on the basis of the select list prepared for the purpose. Entire e xercise shall be carried out as expeditiously as possible, but at any rate not l ater than 31.3.2009. With the above direction, writ petition is disposed of.