WP(C) 1949/2008 BEFORE HONBLE MR JUSTICE AMITAVA ROY Heard Mr B. Rahman, learned counsel for the petitioner. Also heard Mr U K Goswami, learned Standing counsel, Education Department. The petitioner’s case in short is that, following a selection , he was appointed in the year 1997 as an Assistant Teacher in Falihamari Sr. Madrassa f or a period of three months against the vacant post of M.M. in the said institut ion. The said vacancy was advertised and in response thereto, the petitioner h ad offered his candidature. The Managing Committee of the Madrassa recommended h is appointment. However, by depriving him, one Mazida Khatun was accommodated and the petitioner was asked to wait for his turn till another vacancy occurred. The petitioner has maintained that very recently another MM post in the instit ution has fallen vacant and an advertisement has been published to fill up the same. The petitioner’s grievance is that, though he has applied against the said post once again, the respondents are contriving to deny him and induct somebody of their choice on extraneous considerations. The petitioner’s representation b efore the Director of Secondary Education, Assam submitted on 19.3.2008 having remained unattended as on date, he is before this Court. Mr Rahman submits that as a public participatory process has been init iated for filling up the vacant post of MM in the institution through an adverti sement, and candidates including the petitioner have applied in response ther eto, the respondent authorities ought not to be permitted to fill up the same at their whims and should be strictly bound to the same. Mr Goswami, learned Standing counsel, Education submits that if in fact, the vacant post of MM in the Madrassa involved as on date , as claimed to be v acant, has been decided to be filled up as claimed by the petitioner , there i s no reason why the respondent authorities would depart from the process and m ake any appointment without following the procedure prescribed by law. After hearing the learned counsel for the parties and on a consideration of the pleaded facts and the documents annexed to the writ petition, this petit ion stands closed with a direction to the respondent authorities ,more particula rly, the Director of Secondary Education, Assam, to consider the petitioner’s re presentation dated 19.3.2008 and take necessary steps to ensure that if the pr ocess as indicated by the petitioner has been commenced to fill up the vacant M M post of the aforementioned institution, the same is conducted and take to its logical end in accordance with law. This Court hereby has not directed the res pondents to appoint the petitioner and this order is only to ensure that the app ointment to the post involved is made by adhering to the mandate of law. The petition stands disposed in the above terms. No costs.