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2025 DAILYLAW 12831 (GAU)

AKHTAR HUSSAIN CHOUDHURY v. THE STATE OF ASSAM AND ORS

WP(C)/2768/2025 · 2025-08-28

Robin Phukan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010108722025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2768/2025 AKHTAR HUSSAIN CHOUDHURY S/O LT AMIRUL ISLAM CHOUDHURY VILL TILAIYA P/O SADARSHI DIST KARIMGAJ ASSAMPIN 788709 VERSUS THE STATE OF ASSAM AND ORS REP BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GUWAHATI 781006 2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI 6 3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PERSONNEL DEPTT DISPUR GUWAHATI 6 4:THE SECRETARY TO THE GOVT OF ASSAM DEPTT OF SCHOOL EDUCATION DISPUR GUWAHATI 6 5:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN OF DISTRICT 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 Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29.08.2025 Heard Ms. S.B. Choudhury, learned counsel for the petitioner; Ms. K. Phukan, learned Government Advocate for the respondent Nos. 1, 2, 3 & 6; and Ms. S. Chutia, learned standing counsel for the respondent Nos. 4 & 5 in Elementary Education Department. 2. This petition, under Article 226 of the Constitution of India, is preferred by the petitioner for issuing direction to the respondent authorities to place the proposal of compassionate appointment of the petitioner before the SLC for consideration, as per recommendation made by the DLC, in its meeting held on 15.06.2024. 3. It appears that vide order dated 23.05.2025, the standing counsel for the Elementary Education Department and Mr. B. Deuri, learned Government Advocate was directed to receive instructions as to what steps the District Elementary Education Officer, Karimganj has taken after the recommendation made by the DLC in its meeting held on 15.06.2024. 3.1. Today, Ms. Phukan, learned Government Advocate for the respondents has produced one letter, dated 16.06.2025, issued by the District Elementary Education Officer, Sribhumi and submits that the proposal of the petitioner for being appointed on compassionate ground has already been approved by the DLC in its meeting held on 15.06.2024 and the office has forwarded the same to the Secretary to the Government of Assam, Department of School Education (Elementary), vide Letter No. K-DEO/2024-25/Comp.Apptt./945, dated 03.09.2024, for taking further action. Ms Phukan further submits that now the Page No.# 3/3 matter will be placed before the SLC for consideration. 4. At this stage, Ms. Choudhury, learned counsel for the petitioner submits in view of the aforementioned instructions, so received and produced before this court today, this writ petition may be closed by directing the respondent authorities to place the matter before the SLC. 5. Taking note of the submissions of learned counsel for both the parties, this court is inclined to dispose of this petition by directing the respondent authorities to place the matter of the petitioner before the SLC within a period of 3 (three) months. 6. In terms of above, this writ petition stands disposed of leaving behind the parties to bear their own costs. 7. The instructions, so produced before this court today, shall be marked as Annexure – X and the same may be tagged with the record. JUDGE Comparing Assistant