Page No.# 1/4 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 7204 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 5 Ors on 10 September, 2025

                                                                Page No.# 1/4

GAHC010106012025




                                                          2025:GAU-AS:12309

                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : WP(C)/2745/2025

         MOBRUL ISLAM TAPADAR
         S/O LT. ABDUL HANNAN, VILL. KHAGKANDI, P.O. KALIGANG BAZAR,
         DIST. KARIMGANJ, ASSAM, PIN 788710



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR,
         GUWAHATI 781006

         2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC)
          FOR APPOINTMENT ON COMPASSIONATE GROUND
          DISPUR
          GUWAHATI 781006

         3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM

          PERSONNEL DEPTT.
          DISPUR
          GUWAHATI 781006

         4:THE SECY. TO THE GOVT. OF ASSAM

          DEPTT. OF SCHOOL EDUCATION
          DISPUR
          GUWAHATI 6

         5:THE DIRECTOR OF ELEMENTARY EDUCATION

          KAHILIPARA
          GUWAHATI 781019
                                                                                 Page No.# 2/4

              6:THE DIST. COMMISSIONER CUM CHAIRMAN OF DIST. LEVEL
              COMMITTEE (DLC)
               KARIMGANJ FOR APPOINTMENT ON COMPASSIONATE GROUND
               KARIMGANJ
              ASSAM
               PIN 78871

Advocate for the Petitioner   : MRS R BEGUM, MS. S B CHOUDHURY

Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM




                                    BEFORE
                       HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

10.09.2025 Heard Ms. S. B. Choudhury, learned counsel for the petitioner and Ms. D. D. Barman, learned Additional Senior Government` Advocate for the respondent Nos. 1, 2, 3 & 6. Also heard Ms. S. Konwar, learned Standing Counsel for the respondent Nos. 4 & 5.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to place the recommendation of the District Level Committee, dated 30.11.2023, before the State Level Committee and also challenged the Office Memorandum, dated 18.09.2024.

3. Ms. Choudhury, learned counsel for the petitioner submits that the father of the petitioner, Late Abdul Hannan was working as Headmaster in 1111 No. Kunapara L.P. School in the district of Karimganj, and he died in harness on 16.06.1998 and after the death of his father, the petitioner had submitted application for compassionate appointment on 01.11.2005, but his case was not placed before the District Level Committee, as required under the law. Thereafter, the petitioner has approached this Court by filing WP(C) No 5217/2023 and this Court, vide order dated 04.10.2023, disposed of the petition by directing the respondent authorities to place the case of Page No.# 3/4

the petitioner before the next available DLC of Karimganj district for consideration and accordingly, the case of the petitioner was placed before the DLC and the DLC, Karimganj, in its meeting held on 30.11.2023; had recommended the case of the petitioner for being appointed on compassionate ground in any other department. But the State respondent did not place this matter before the State Level Scrutiny Committee and being aggrieved, the petitioner approached this Court by filing the present petition.

3.1 Ms. Choudhury further submits that a Co-ordinate Bench of this Court, in WP(C) No. 342/2025, vide order dated 03.04.2025, has directed that all applications submitted by the petitioners for compassionate appointment shall be considered and disposed of by the concerned DLC/SLC on merit, by taking into consideration the various guidelines prior to 01.04.2017; laid down by the State Government for compassionate appointment and the Judgments of the Hon'ble Supreme Court and the High Courts, and the case of the present petitioner is also covered by the aforementioned decision and therefore, she has contended to dispose of this petition by directing the respondent authorities to place the recommendation of the DLC in respect of the petitioner before the SLC.

4. Ms. Barman, learned Additional Senior Government Advocate, referring to the recommendation of the DLC, Karimganj, dated 30.11.2023, submits that the petitioner has no qualification for being appointed as an Assistant Teacher in Schools and therefore, his name is recommended for being appointed in any other department; and earlier, the petitioner had not challenged the Office Memorandum dated 18.09.2024, and he filed this writ petition only on 17.05.2025.

5. Having heard the submissions advanced by the learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also gone through the recommendation of the DLC, Karimganj, dated 30.11.2023; and it appears that the DLC has recommended the name of the petitioner Page No.# 4/4

for being appointed in Grade-III post, in any other department in Karimganj district and under such circumstances, this Court is inclined to dispose of this petition by directing the respondent authorities to place the recommendation of the District Level Committee, Karimganj, dated 30.11.2023, before the next available State Level Committee.

6. In terms of the above, this writ petition stands disposed of. The parties have to bear their own costs.

7. The petitioner shall obtain 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