JUDGMENT & ORDER :

Heard Mr. N. Hossain, learned counsel for the petitioner. Also heard Mr. P.K. Bora, learned standing counsel, Education (Elementary) Department, representing the respondent Nos.1, 2, 4 & 5 and Ms. D.D. Barman, learned Additional Senior Government Advocate, Assam, representing the respondent No.3.

2. The petitioner, by way of instituting the present proceeding, has assailed the decision as arrived at by the District Level Committee, Dhubri with regard to the application submitted by him praying for appointment on compassionate ground pursuant to the death of his father. The application of the petitioner was rejected by the District Level Committee, Dhubri in its meeting held on 10.04.2017 on the ground that the petitioner did not possess the requisite qualifications for being considered for appointment against the post of an Assistant Teacher in a Primary School.

3. The facts requisite for consideration of the issue arising in the present proceeding is noticed herein below.

The father of the petitioner Late Kutub Uddin Mondal, while serving as a Head Teacher of Paschim Kathulipara L.P. School died in harness on 14.05.2016. Pursuant to the death of his father, the peti