JUDGMENT & ORDER : 1. The petitioner is unrepresented when the case is called. The B. Borooah Cancer Institute and their Director (respondent No.1 & 2) are represented by Mr. S. Dutta, the learned Senior Counsel. The Standing Counsel for the Health Department, Ms. D. Bora, appears for the respondent No.4. 2. For the respondents, Mr. S. Dutta, the learned Senior Counsel submits that this matter has become infructuous and that may be the reason for the absence of the petitioners lawyers. The Counsel points out that the Medical Officer (Palliative Medicine) at the Cancer Institute was appointed on merit, in pursuant to a rigorous selection process. On the petitioners challenge to the advertisement dated 10.3.2010, the Senior Counsel submits that the petitioner does not have the prescribed certificate qualification in Palliative Medicine and was therefore, ineligible for the Grade-A post, in the Cancer Institute. 3. The post of Medical Officer (Palliative Medicine) is a specialized post for the Cancer Hospital and the norms required recruitment through open advertisement on national basis. The merit of the applicants were assessed by a six Members Selection Committee with representative doctors from TATA Memorial Hospital, the Gauhati Medical College & Hospital and the Director of the Cancer Institute headed the Committee. The records produced by the learned Senior Counsel suggest that recommendation for appointment was made through a bona fide process. Following the assessment by the Selection Committee, Dr. Kabindra Bhagabati with his aggregate score of 74 was placed in the 1st position and he was appointed to the post on 29.6.2010 and since then, he is serving in the Institute. 4. The above notings reflect that the appointment was made through a transparent and competitive process and therefore, no relief can be granted to the unsuccessful litigant. Be that as it may, since the petitioners Counsel are absent, the case is dismissed for non-prosecution, rather than on merit.