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2025 DAILYLAW 12907 (GAU)

ABU SAHED MD GULZAR HUSSAIN v. THE STATE OF ASSAM AND ORS

WP(C)/2763/2025 · 2025-06-26

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010108912025 2025:GAU-AS:8749 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2763/2025 ABU SAHED MD GULZAR HUSSAIN S/O LT ZIA UDDIN VILL SOUTH KACHUBARI PO CHANDKHIRA PS PATHARKANDI DIST KARIMGANJ SRIBHUMI ASSAM PIN 788710 VERSUS 1: THE STATE OF ASSAM AND ORS. REP BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GUWAHATI 6 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 - HON'BLE MR. JUSTICE NELSON SAILO Date : 27-06-2025 Heard Mrs. S.B. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Junior Government Advocate, Assam, appearing for the respondent Nos.1, 2, 3 & 6 and Mr. P.K. Bora, learned Standing Counsel, Education (Elementary) Department, appearing for the respondent Nos.4 & 5. [2] Having regard to the grievance projected by the petitioner, the matter is taken up for disposal at the motion stage itself. [3] The petitioner earlier approached this Court by filing WP(C) No.5352/2023, which was disposed of vide order dated 18.09.2023, by directing the respondent authorities concerned to place the case of the petitioner before the District Level Committee (DLC), Karimganj for consideration of his case for appointment on compassionate ground. Pursuant thereto, the name of the petitioner was placed before the District Level Committee concerned and the District Level Committee held its meeting on 15.06.2024. In the said meeting, it was observed that since there was no vacancy under the prescribed quota of 5% in the cadre of Grade-IV under the establishment of the District Elementary Education Officer, Karimganj, the name of the petitioner was recommended for being appointed against the admissible vacancy in Grade-IV post in any other Administrative Departments, in terms of Paragraph 15 of the Government’s Office Memorandum dated 01.06.2015. In the said minutes of the meeting, the name of the petitioner has been placed at serial No.3. Despite the said recommendation, since the case of the petitioner has not been considered, the petitioner is before this Court. Page No.# 3/3 [4] Mr. B. Deuri, learned Junior Government Advocate, Assam, at this stage, by producing a communication dated 16.06.2025 of the District Elementary Education Officer, Sribhumi, submits that in fact the case of the petitioner has been forwarded to the Secretary to the Government of Assam, Department of School Education (Elementary) on 03.09.2024 for further necessary action. [5] Having regard to the submissions made by the learned counsel appearing for the parties and on perusal of the communication produced by Mr. B. Deuri, the writ petition is disposed of by directing the respondent authorities to place the name of the petitioner before the next meeting of the State Level Committee (SLC) for considering his appointment on compassionate basis, in terms of the recommendation made by the District Level Committee on 15.06.2024. The Secretary to the Government of Assam, Department of School Education, i.e. the respondent No.4, shall ensure that the name of the petitioner is placed before the next sitting of the State Level Committee. [6] With the above observations and directions, the writ petition stands disposed of. [7] The communication dated 16.06.2025, as produced by Mr. B. Deuri, learned Junior Government Advocate, Assam, shall be kept on record and marked as “X” for identification. J U D G E Comparing Assistant