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2025 DAILYLAW 15175 (GAU)

MANOJ PATHAK ALIAS MANOJ KUMAR PATHAK v. THE STATE OF ASSAM AND 5 OTHERS

WP(C)/3690/2025 · 2025-07-15

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010143102025 2025:GAU-AS:9133 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3690/2025 MANOJ PATHAK ALIAS MANOJ KUMAR PATHAK S/O- LATE SANATAN PATHAK, R/O-VILLAGE- AMIRKHOWA, P.O- AMIRKHOWA, P.S- SARTHEBARI, DIST-BARPETA, ASSAM VERSUS 1: THE STATE OF ASSAM AND 5 OTHERS. REP BY THE CHIEF SECRETARY CUM CHAIRMAN, STATE LEVEL COMMITTEE, GOVT OF ASSAM, GUWAHATI, ASSAM 2:THE SECRETARY TO THE GOVT OF ASSAM DEPTT. OF SCHOOL EDUCATION GUWAHATI-06 ASSAM 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-06 4:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-19 5:THE DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTEE BARPETA ASSAM PIN-781301 6:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR. J HATIMURIA, MR. N M DAS,MR. M KALITA Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU. Page No.# 2/3 - BEFORE - HON'BLE MR. JUSTICE NELSON SAILO Date : 16-07-2025 Heard Mr. J. Hatimuria, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Junior Government Advocate, Assam, appearing for the respondent Nos.1, 3 & 5 as well as Ms. N.M. Sarma, learned Standing Counsel, Education (Secondary) Department, appearing for the respondent Nos.2, 4 & 6. On 27.06.2025, this Court passed the following order:- “Heard Mr. J. Hatimuria, learned counsel for the petitioner, who submits that although the name of the petitioner has been recommended for appointment on compassionate basis by referring the matter to the State Level Committee (SLC) vide the District Level Committee (DLC) meeting minutes for Barpeta district dated 07.02.2024, as he has not been considered till date, the petitioner is before this Court. The learned counsel submits that a case of similar nature i.e., WP(C) No. 2686/2025 (Aribinash Bayan Vs. State of Assam & 5 Ors.) has been disposed of on 24.06.2025 by directing the SLC to consider the case of the petitioners therein. He therefore prays for a similar direction. At this stage, Mr. B. Deuri, learned Govt. Advocate submits that he may be given some time to get instructions in the matter. Considering the submission, let the matter be listed again on 16.07.2025.” Today, Mr. B. Deuri, learned Junior Government Advocate, Assam submits that apparently the matter was not placed before the State Level Committee (SLC) concerned and, therefore, the Court may pass appropriate orders as deems fit and proper. In view of the above, the case of the petitioner be placed before the State Level Committee for consideration and accordingly, the respondent No.4, i.e. the Director of Secondary Education, Assam, shall do the needful for placing the case of the petitioner before the State Level Committee so that the matter Page No.# 3/3 can be taken up in the next sitting of the State Level Committee. With the above observation and direction, the writ petition stands disposed of. J U D G E Comparing Assistant