WP(C) 2582/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. PK Talukdar, learned counsel for the petitioner. Also heard learned St anding counsel, Education Department. The case of the petitioner as pleaded in this writ petition inte ralia is that his father late Mominuddin died-in-harness serving as Asstt. Teach er in No. 2 Kushabari L.P. School, District Bongaigaon on 16.1.07. On 29.3.07 th e petitioner filed an application before the Deputy Inspector of Schools, N. Sal mara, praying for appointment on compassionate ground as per the existing policy of the Govt. The authority not having shown any interest on the said applicatio n of the petitioner, the petitioner approached this court by filing WP (C ) No. 2894/07 which was disposed of on 15.6.07 with the direction to the respondent a uthorities to process the claim of the petitioner for compassionate ground in te rms of the guidelines laid down by the Govt. But for several months there was no sitting of District Level Selection Board and ultimately vide impugned letter d ated 25.5.09, the Sub Divisional Officer (S), Bongaigaon furnished an informatio n addressing to the District Elementary Education Officer, Bongaigaon to the ef fect that the application received not exceeding two years period and also submi tted within three months from the date of expiry of service holder would be cons idered. The petitioner apprehends that his case may not be considered by the Selection Board in terms of the aforesaid communication dated 25.5.09 as th e period of two years mentioned therein has already expired from the date of sub mission of his application which was on 16.1.07 but no specific order expressing the mind of the authority not to consider the case of the petitioner has been p assed. If the Selection Board do not assemble due to their own inconvenience and if in the meantime the period of two years expires from the date of filing an a pplication by the petitioner, the claim of the petitioner cannot be avoided and also in view of the order passed by this court mentioned above in WP ( C) No. 28 94/07, the claim of the petitioner cannot be left out of consideration. After hearing the learned counsel for the parties and upon perus al of the materials available on record, this writ petition stands disposed of w ith the direction that the authority concerned, namely the District Level Selec tion Board shall consider the case of the petitioner on its own merit and pass a ppropriate order that may be justified under the law and facts. With the above order, this writ petition stands disposed of.