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2025 DAILYLAW 19124 (GAU)

JAN JIBAN CHETIA v. THE STATE OF ASSAM AND 3 ORS

WP(C)/5372/2025 · 2025-09-14

Robin Phukan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010205182025 2025:GAU-AS:12691 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5372/2025 JAN JIBAN CHETIA S/O LT PHULESWAR CHETIA R/O SRIPANI AHOM GAON PO J K CHARIALI PS SILAPATHAR DIST DHEMAJI ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM ELEMENTARY EDUCATION DEPTT SACHIVALAYA DISPUR ASSAM 781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 3:THE DISTRICT LEVEL COMMITTEE OF COMPASSIONATE APPOINTMENT REP HEREIN BY THE DEPUTY COMMISSIONER DHEMAJI ASSAM 787057 4:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REP HEREIN BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM SACHIVALAYA DISPUR GUWAHATI Advocate for the Petitioner : MR. D GOGOI, Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 15.09.2025 Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned standing counsel for the respondent Nos. 1 and 2; and Mr. B. Deuri, learned Junior Government Advocate for the respondent Nos. 3 and 4. 2. The grievance, being sought to be addressed in this petition, is that the father of the petitioner, namely, Late Phuleswar Chetia, who was serving as Head Teacher of Nilakhpur M.V. School, Dhemaji, died in harness on 21.03.1999. Thereafter, the petitioner, who was a minor at that point of time, had filed an application for being appointed on compassionate ground, but the application of the petitioner was not considered. Thereafter, again on 10.02.2022, the petitioner had filed one reminder application to the respondent authorities and then, the District Level Committee (DLC), Dhemaji, in its meeting dated 11.02.2022, recommended the name of the petitioner and forwarded the same to the State Level Committee (SLC). However, the SLC in its meeting dated 26.08.2022, had rejected the case of the petitioner on the ground that the candidate did not attain 18 (eighteen) years of age when he/she applied for the post. 2.1. Being aggrieved, the petitioner approached this Court by filing WP(C) No. 7124/2023, and vide order dated 13.12.2023, this Court was pleased to direct the respondent authorities to place the case of the petitioner before the next available SLC meeting. However, the respondent authorities have not considered the case of the petition by taking recourse to the Office Memorandum dated Page No.# 3/4 18.09.2024. Being aggrieved, the petitioner has approached this Court by filing the present petition. 3. Mr. Gogoi, learned counsel for the petitioner submits that this petition may be disposed of at this motion stage itself by directing the respondents to place the case of the petitioner before the next available SLC. 4. Mr. Phukan, learned standing counsel for the respondent Nos. 1 and 2; and Mr. Deuri, learned Junior Government Advocate for the respondent Nos. 3 and 4 submit that they have no objection in the event of disposing of this petition by directing the respondent authorities to place the case of the petitioner before the next SLC. 5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record, and also perused the recommendation of the DLC dated 11.02.2022. 6. In view of the undisputed factual materials discussed herein above and further taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by directing the respondent authorities to place the case of the petitioner before the next SLC and on such proposal being placed before the SLC, the SLC shall consider the same, in accordance with law. 7. The aforementioned exercise shall be carried out within a period of three months from the date of receipt of certified copy of this order. 8. The petitioner shall obtain a certified copy of this order and shall place the same before the respondent authorities within a week from today. Page No.# 4/4 9. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant