Page No.# 1/4 GAHC010108682025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2734/2025 SMT SONGITA PEGU D/O- LATE DIPAK PEGU, R/O- VILL.- RAJABARI PATHER, P.O.-RAJABARI, P.S.-GOHPUR, DIST-BISWANATH, ASSAM, PIN- 784168. VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PERSONNEL DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-781006. 3:THE DISTRICT LEVEL COMMITTEE (DLC) FOR APPOINTMENT ON COMPASSIONATE GROUND REPRESENTED BY ITS CHAIRMAN-CUM-DISTRICT COMMISSIONER BISWANATH BISWANATH CHARIALI ASSAM PIN-784176. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DISTRICT- BISWANATH ASSAM PIN78417 Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 16.09 .2025 Heard Mr. L. Gogoi, learned counsel for the petitioner. Also heard Mr. P.K. Borah, learned standing counsel for the respondents in Education (Elementary) Department and Mr. B. Deuri, learned Government Advocate, appearing for the respondent Nos.1 and 3. 2. In this petition under Article 226 of the Constitution of India, the petitioner has challenged the Office Memorandum, dated 18.09.2024, issued by the Commissioner & Secretary to the Govt. of Assam, Personnel (B) Department, in respect of the petitioner, deciding not to place any proposal before the District Level Committee (DLC) for recommendation of candidates for appointment on compassionate ground and also prayed for issuing a direction to the respondent authorities, more particularly, the DLC, Biswanath to consider the case of the petitioner for being appointed on compassionate ground against any vacant post, as per her qualification in accordance with the prevalent scheme/policy. 3. The undisputed facts, that can be culled out from the petition as well as from the submission of learned counsel for both the parties, are that the father of the petitioner, namely, Dipak Pegu was serving as Assistant Teacher in the Chowaguri Kutum Gaon Lower Primary School in the Biswanath district and he died in harness on 27.07.2013. On his death, the petitioner filed an application for being appointed on compassionate ground on 30.05.2015, on attaining majority. The said application was considered by the DLC in its meeting held on 12.09.2023, but the rejected the claim of the petitioner on the ground that non-availability of vacancies and delayed submission of the application. The petitioner then approached this Court by filing WP(C) No.7122/2023, on the ground that the DLC, Biswanath has not followed the Clause 15 of the O.M. dated 01.06.2015, at the Page No.# 3/4 time of consideration of the application and this Court vide order dated 13.12.2023, had disposed of the said writ petition by directing the respondent authorities to place the matter before the next DLC and in the meantime, the O.M. dated 18.09.2024, has been issued. Thereafter, by a common judgment and order, dated 03.04.2025, in WP(C) No.342/2025 (Abdul Kadir Bokshi v. State of Assam & Ors.) and batch, this Court has directed the respondent authorities to consider the case of the petitioners by placing the same before the DLC as well as SLC within a period of 6(six) months and in terms of the aforementioned direction, it is prayed that the case of the petitioners may be directed to be placed before the next DLC meeting again. 4. It is to be noted here that during the pendency of this petition, the matter of the petitioner was placed before the DLC and the DLC in its meeting held on 05.04.2025, has decided to forward the case of the petitioner to the Secretary, Govt. of Assam, Department of School Education, for submission of vacant post about the proposal during the year and the DLC also requested the sponsoring department to forward the proposal to the Secretary, Govt. of Assam, Department of School Education accordingly and Mr. Gogoi has brought to the same on record by filing an additional affidavit on 11.09.2025. Mr. Gogoi submits that since the DLC, Biswanath has forwarded the case of the petitioner to the Secretary, Govt. of Assam, Department of School Education, Dispur, for further submission of vacant post about the proposal during the year, this writ petition may be disposed of by directing the respondent authorities to place the matter before the SLC to consider her case in terms of the Clause 15 of the O.M. dated 01.06.2015. 5. Mr. Borah, learned standing counsel for the respondent authorities submits that he has no objection in the event of disposal of this petition in the manner as submitted by Mr. Gogoi. 6. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record. And also perused the minutes of the meeting of the DLC dated 05.04.2025. It appears that the DLC, Biswanath has not recommended the case of the petitioner. Considering above and Page No.# 4/4 also considering the facts and circumstances on the record, this Court is inclined to dispose of this writ petition by directing the respondent authorities to place the matter before the next available DLC for consideration of the case of the petitioner for being appointed in any post in any other department in view of the Clause 15 of the O.M. dated 01.06.2015. 7. The aforementioned 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. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within a period of one week from today. Comparing Assistant Sd/- Robin Phukan JUDGE