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2025 DAILYLAW 16466 (GAU)

SMTI MEGHALI BORDOLOI v. THE STATE OF ASSAM AND 4 ORS

WP(C)/4242/2025 · 2025-07-31

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010163162025 2025:GAU-AS:9898 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4242/2025 SMTI MEGHALI BORDOLOI D/O- GABANG BORDOLOI, W/O- LATE BIRESWAR BORDOLOI, R/O- VILL.- BORBHOGIA, P.O. SARAIBAHI, DIST. MORIGAON, ASSAM, PIN- 782106. VERSUS THE STATE OF ASSAM AND 4 ORS COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT, ASSAM, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DISTRICT COMMISSIONER MORIGAON CUM CHAIRMAN DISTRICT LEVEL COMMITTEE MORIGAON P.O. AND P.S. MORIGAON ASSAM 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER MORIGAON P.O. P.S. AND DIST. MORIGAON ASSAM Page No.# 2/3 Advocate for the Petitioner : MR. A SARMA, MS. D CHAUHAN,MR R S CHAUHAN Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 01.08.2025 Heard Mr. R. S. Chauhan, learned counsel for the petitioner, who submits that although the State Level Committee (SLC), which held its meeting on 16.03.2011 recommended the name of the petitioner for appointment as an Assistant Teacher in L.P. School in the District of Morigaon, the District Level Committee subsequently held its meeting on 29.11.2024 and rejected the application of the petitioner due to shortage of vacancy as per Principle Number 14(a) of the OM under Memo No. ABP.50/2006/Pt2 dated illegible. Aggrieved, the petitioner is before this Court. 2. At this stage, Mr. B. Deuri, learned Government Advocate, submits that in view of the observations made in the meeting held on 16.03.2011 that most of the candidates did not possess the requisite qualification as fixed by NCTE, no approval was accorded. The Committee therefore suggested that the District Level Committee to recommend their cases for other Grade- III and Grade- IV posts as per the qualification if the candidates are interested to go for those posts. 3. The learned counsel for the petitioner submits that the petitioner will not have any objection, if his case is considered against any Grade III or Grade IV Page No.# 3/3 post. 4. Considering the Minutes of the meeting of the SLC dated 16.03.2011, the respondent authorities are therefore directed to place the case of the petitioner before the next DLC, Morigaon for consideration against any Grade- III or Grade- IV posts in terms of the observations made in the SLC minutes dated 16.03.2011. 5. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant