Page No.# 1/3 GAHC010109922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2821/2025 SAIM UDDIN BARBHUIYA S/O. LATE FARUK AHMED BARBHUIYA, VILL. APPIN PART-II, P.O. APPIN, P.S. LALA, DIST. HAILAKANDI, ASSAM. VERSUS THE STATE OF ASSAM 5 ORS TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPT. OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPT. DISPUR GUWAHATI-6. 3:THE STATE LEVEL COMMITTEE (SLC) REP. BY CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6. 4:THE DISTRICT LEVEL COMMITTEE (DLC) HAILAKANDI REP. BY ITS CHAIRMAN/DISTRICT COMMISSIONER HAILAKANDI ASSAM. 5:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPT. DISPUR GUWAHATI-6. 6:THE DIRECTOR Page No.# 2/3 OF ELEMENTARY EDUCATION DEPT. ASSAM KAHILIPARA GAUHATI-19 Advocate for the Petitioner : MR. A M BARBHUIYA, Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 19.07.2025 Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner, Mr. B. Deori, learned Government Advocate for respondent Nos.2, 3 and 4 and Mr. B. Kaushik, learned counsel for respondent No.1. 2. Having regard to the nature of case projected by the petitioner, the writ petition is taken up for disposed of at this stage. 3. When the matter was listed on 26.06.2025, this Court wanted to know as to whether the petitioner have filed next-of-kin certificate in terms of the order dated 06.02.2023, passed by this Court in the first writ petition filed by the instant petitioner i.e. WP(C) No.4439/2022. Pursuant there to, the petitioner has filed an additional affidavit in co-operating the application submitted to the Deputy Commissioner Cum Chairman District Level Committee, Hailakandi enclosing copy of next-of-kin certificate amongst others. Therefore, it appears that the petitioner has indeed submitted the requisites in terms of the order dated 06.02.2023 passed in WP(C) No.4439/2022. 4. Brief facts of the case is that the father of the petitioner died in harness on 17.02.2009 and therefore, the petitioner filed an application for appointment on companionate basis within this specified period. It is the case of the petitioner that although this application was considered by the DLC authority which held its meeting Page No.# 3/3 on 05.10.2021 but since he had failed to submit next-of-kin certificate, he was not recommended for further consideration by the State Level Committee. 5. Aggrieved, the petitioner filed WP(C) No.4439/2022. As stated earlier, the said writ petition was disposed of by directing the petitioner to submit next-of-kin certificate to the concerned authority within time frame and thereafter this matter was to be paced before the DLC concerned. Since the same was not done according to the petitioner, he has initiated the instant writ petition. 6. From the above process and from the additional affidavit filed by the petitioner enclosing the forwarding letter by which he has submitted the next-of-kin certificate to the Deputy Commissioner Cum Chairman District Level Committee, Hailakandi, it only appears that the next-of-kin certificate is with the authority concerned. Therefore, this writ petition is disposed of with the direction to the District Level Committee, Hailakandi to consider the case of the petitioner in terms of the order dated 06.02.2023, passed in WP(C) No.4439/2022. 7. Before parting with the records, it is noticed that the next-of-kin certificate includes as many as 11 members of the family and therefore, the DLC concerned is at liberty to verify as to whether any of the family members in the said next-of-kin certificate has availed any government job on the basis of compassionate appointment and thereafter, proceed accordingly. 8. In view of above, this writ petition stands disposed of. JUDGE Comparing Assistant