Page No.# 1/4 GAHC010074172025 2025:GAU-AS:10109 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2111/2025 ALTAF HUSSAIN BARBHUIYA S/O NURUL ISLAM BARBHUIYA, R/O VILL- NARAINPUR PART-II, P.O. CHANDPUR WEST, P.S. AND DIST- HAILAKANDI, ASSAM, PIN- 788152. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., ASSAM, DISPUR, GUWAHATI-781006, KAMRUP METRO. 2:THE COMMISSIONER AND SECRETARY MEDICAL EDUCATION AND RESEARCH DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-6 KAMRUP(M) ASSAM 3:THE JOINT SECRETARY SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-6. 4:THE SECRETARY STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-IV POSTS ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHAR NAGAR Page No.# 2/4 KHANAPARA GUWAHATI-22. 5:THE DIRECTOR OF MEDICAL EDUCATION AND RESEARCH DEPARTMENT SIX MILE KHANAPARA GUWAHATI-22 KAMRUP METRO ASSAM 6:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 KAMRUP METRO ASSAM 7:THE PRINCIPAL CUM CHIEF SUPERINTENDENT GAUHATI MEDICAL COLLEGE AND HOSPITAL GUWAHATI-21 KAMRUP(M) ASSA Advocate for the Petitioner : MR. R A MAZUMDER, MR. R A CHOUDHURY,TARIQUE AZIZ Advocate for the Respondent : GA, ASSAM, MR. B CHOUDHURY, (R-4),SC, SOCIAL JUSTICE AND EMPOWERMENT,SC, HEALTH,SC, ELEM. EDU BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 04.08.2025 Heard Mr. R.A Choudhury, learned counsel for the petitioner, Mr. G. Pegu, learned Standing Counsel, Elementary Education Department, Ms. Tinlung, learned counsel appearing on behalf of Mr. R.M. Das, learned Standing Counsel, Social Justice and Empowerment and Ms. I. Das, learned counsel appearing on behalf of Mr. D. Upamanyu, learned Page No.# 3/4 Standing Counsel, Health Department. 2. On 24.07.2025, Court passed the following order:- “This is the 2nd time, the petitioner is before this Court. Although the petitioner was selected to a Grade-IV post in Polarpar M.E. School, in the district of Hailakandi, he has not been appointed for want of credentials/status of disability. Due to prolong inaction, petitioner filed WP(C) 4548/2023, which was disposed of on 08.09.2023 by directing the respondents to take appropriate decision in the appointment of the petitioner by taking into account the Medical Report dated 28.08.2023, which was prepared on the direction of this Court certifying that the petitioner is a 45% locomotor disability due to Limb Girdle Muscular Dystrophy. Mr. G Pegu, learned Standing Counsel, Elementary Education Department submits that as per his instructions, the case of the petitioner has been forwarded to the State Government today itself for approval and compliance of the Court’s order. Considering the submission, let this matter be listed again on 04.08.2025. Ms. Tinlung appears on behalf of Mr. RM Das, learned counsel for the respondent No. 3.” 3. Today, Mr. G. Pegu, learned Standing Counsel, Elementary Education Department submits that as per the instructions received by him, the Government has approved the appointment of the petitioner in a Grade-IV post (Chowkidar/MTS) pursuant to advertisement dated 25.03.2022 under the category of “Persons with Disability”. The Under Secretary to the Government of Assam, School Education Department has therefore instructed the Director of Elementary Education vide communication dated 30.07.2025 to issue appointment order in favour of the petitioner as per the Rules in force with intimation to the department. 4. In support of his submission, the learned counsel has produced the communication dated 30.07.2025. the same is retained in record and Page No.# 4/4 marked as “X” for identification. 5. In view of above, since the respondents are in the process of appointing the petitioner to a Grade-IV post, the grievance of the petitioner has been addressed. 6. Accordingly, the writ petition is disposed of by directing the Director of Elementary Education, Assam to issue the appointment of the petitioner in accordance with law in terms of the communication dated 30.07.2025 as expeditiously as possible and at any rate not later than within a period of six weeks from the date of receipt of a certified copy of this order. JUDGE Comparing Assistant