Gauhati High Court
Arpita Kalita vs The State Of Assam And 5 Ors on 17 October, 2025
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GAHC010215602025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5938/2025
ARPITA KALITA
D/O LATE HEMENDRA KALITA, VILL- SANTINAGAR, P.O.- BALADMARI,
P.S. AND DIST- GOALPARA, ASSAM, PIN-783121
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM, DISPUR, GUWHAATI-781006
2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC) FOR
APPOINTMENT ON COMPASSIONATE GROUND
DISPUR
GUWAHATI-781006
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
PERSONNEL DEPARTMENT
DISPUR
GUWAHATI-781006
4:THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-6
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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
GOALPARA
P.O. AND DIST- GOALPARA
ASSAM
PIN-7831
6:THE DISTRICT COMMISSIONER
GOALPARA
CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC)
GOALPARA FOR APPOINTMENT ON COMPASSIONATE GROUND
P.O. AND DIST- GOALPARA
ASSAM
PIN-783
Advocate for the Petitioner : MR. N HOSSAIN,
Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
17.10.2025
Heard Mr. N. Hossain, learned counsel for the petitioner; Mr. B. Deuri,
learned Government Advocate for the respondent Nos. 1, 2 & 3; Ms. S. Konwar,
learned standing counsel for the Elementary Education Department, being
respondent Nos. 4, 5 & 6.
2. In this petition, under Article 226 of the Constitution of India, the
petitioner has:-
(i) Challenged the Office Memorandum (OM hereinafter) dated
18.09.2024, issued by the Commissioner and Secretary to the
Government of Assam in the Personnel (B) Department,
Dispur, Guwahati;
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(ii) Prayed for issuing direction to the respondent authorities to
consider her case as per the recommendation made by the
District Level Committee (DLC hereinafter) on 23.12.2022, for
appointment on compassionate ground against any vacant
post as per the prevalent scheme/policy dated 01.06.2015;
and
(iii) Also prayed for issuing direction to the respondent authorities
not to give effect to the OM dated 18.09.2024.
3. Mr. Hossain, learned counsel for the petitioner submits that Late
Hemendra Kalita, the father of the petitioner was serving as a Science Teacher
in New Goalpara M.E. School, under the District Elementary Education Officer
(DEEO hereinafter), Goalpara in the district of Goalpara and on 16.08.1999, he
died in harness and at that time the petitioner was minor, aged about 5 years
and her mother expired on 23.01.2003, while she was 9 years old and her
younger brother 4 years old.
3.1. Thereafter, on 27.01.2015, the petitioner had applied for being appointed
on compassionate ground before the DEEO, Goalpara as per prevailing norms.
Accordingly, her proposal was taken up for consideration and the DLC, in its
meeting held on 23.12.2022, had recommended her name for being appointed
on compassionate ground against any vacant post and the minutes of the DLC
shows that the name of the petitioner was recommended on humanitarian
ground as special case.
3.2. Thereafter, the Deputy Commissioner, Goalpara, on 18.04.2023, had
issued a letter and forwarded the proposal of the petitioner as per format, to
the Principal Secretary to the Government of Assam in the Elementary Education
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Department, for placing the same before the State Level Committee (SLC
hereinafter) for further consideration as per norms. But, the same failed to
evoke any response till date and in the meantime, on 18.09.2024, the
Commissioner and Secretary to the Government of Assam in the Personnel (B)
Department had issued the said impugned OM, by deciding that no cases for
appointment on compassionate ground shall be entertained by any
Administrative Departments/Authorities for any reason whatsoever nor be
placed before SLCs/DLCs for recommendations of candidates for being
appointed on compassionate ground.
3.3. But, the petitioner was recommended by the DLC, Goalpara on
23.12.2022, i.e. much earlier before issuance of OM dated 18.09.2024 and
subsequent notice dated 30.08.2025.
3.4. Mr. Hossain further submits that the petitioner came to know about the
said subsequent notice only on 11.09.2025, from the recommended candidates
of Goalpara district and thereafter, she had also submitted all the required
information and documents as per the notice.
3.5. Mr. Hossain also submits that because of impugned OM, dated
18.09.2024, the SLC has refused to consider the proposal of the petitioner, as
recommended by the DLC, for being appointed on compassionate ground and
being aggrieved, the petitioner has approached this Court by filing this present
petition with the prayers as stated above.
4. Per-contra, Mr. Deuri, learned Government Advocate for the respondent
Nos. 1, 2 & 3, submits that in compliance of the order dated 03.04.2025, passed
by this Court in W.P.(C) No. 342/2025, the Government has issued an SOP
inviting the petitioners, who have challenged the OM dated 18.09.2024,
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including the similar cases, which have been disposed of by this Court by citing
the judgment and order dated 03.04.2025, passed in W.P.(C) No. 342/2025.
4.1. Mr. Deuri further submits that the copy of the SOP has been circulated in
all the Administrative Departments for taking necessary actions following the
guidelines as mentioned in the SOP.
4.2. Mr. Deuri also submits that if the present petitioner has filed her
application in terms of the said SOP, then the matter will be placed before the
SLC.
5. On the other hand, Ms. Konwar, learned standing counsel for the
Elementary Education Department, being respondent Nos. 4, 5 & 6, has adopted
the submission, so advanced by Mr. Deuri, learned Government Advocate for the
respondent Nos. 1, 2 & 3.
6. Thus, taking note of the submissions of learned counsel for both the
parties and also in view of the SOP issued by the Government, this Court is
inclined to dispose of this petition by directing the respondent authorities to
place the recommendation of the DLC, in respect of the present petitioner, for
being appointed on compassionate ground, before the SLC to take it to a logical
conclusion.
7. The aforesaid exercise has to be carried out within a period of 3 (three)
months from the date of receipt of the certified copy of this order.
8. The petitioner shall obtain a certified copy of this order and place the
same before the respondent authorities within a period of 1 (one) week from
today.
JUDGE
Comparing Assistant
