Page No.# 1/3 GAHC010206582025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5430/2025 SAGORIKA GOGOI D/O- LATE TARUN GOGOI @ TARUN CH. GOGOI, VILL.- NAPAM BARUWATI, P.O. NAPAM, P.S. GELEKY, DIST. SIVASAGAR, ASSAM, PIN- 785684. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY-CUM-CHAIRMAN OF THE STATE LEVEL COMMITTEE, COMPASSIONATE APPOINTMENT, ASSAM, DISPUR, GUWAHATI-6. 2:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION ASSAM, DISPUR, GUWAHATI-6. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONAL DEPARTMENT ASSAM, DISPUR, GUWAHATI-06. 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 5:THE DISTRICT COMMISSIONER SIVASAGAR-CUM- CHAIRMAN OF DISTRICT LEVEL COMMITTEE FOR APPOINTMENT ON COMPASSIONATE GROUND DIST. SIVASAGAR ASSAM PIN- 785640. 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR Page No.# 2/3 ASSAM PIN- 785640 Advocate for the Petitioner : MD H R AHMED, MR A ALIM SK Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 15.09 .2025 Heard Mr. H.R. Ahmed, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned standing counsel for the respondents in Elementary Education Department and Mr. G. Pegu, learned Government Advocate appearing for the State respondents. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to place the case of the petitioner before the next District Level Committee (DLC), Sivasagar, for being appointed on compassionate ground in terms of the O.M. dated 01.06.2015 and also challenged the O.M. dated 18.09.2024 and the rider of executive order dated 30.08.2025. 3. The undisputed fact as projected in this petition and also apparent from the submission of learned counsel for both the parties are that the father of the petitioner, namely, Late Tarun Gogoi @ Tarun Ch. Gogoi was serving as Head Teacher at Godapani L.P. School, under Block Elementary Education Officer, Nazira, Sivasagar, who died in harness on 06.01.2013. Being qualified and eligible for the post of teacher, she had applied for being appointed on compassionate ground on 03.03.2013. Her case was placed before the District Level Committee (DLC) meeting held on 15.07.2014. But, the case of the petitioner was not considered for failing to achieve required percentage of marks for qualification for the post of Assistant Teacher in Lower Primary School. Though the case of the petitioner could have been considered in view of Clause 15 of the O.M., Page No.# 3/3 dated 01.06.2015, yet, the same has not been considered by the DLC. 4. Under such circumstances, it is contended to direct the respondent authorities to consider placing the case of the petitioner before the next DLC in terms of Clause 15 of the O.M. dated 01.06.2015. 5. Mr. Ahmed, learned counsel for the petitioner submits that the DLC has refused to consider the case of the petitioner on account of her not possessing the requisite percentage of marks for qualification, but, while arriving at such a finding, the DLC failed to consider Clause 15 of the O.M. dated 01.06.2015, which provides that- “If sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment, it is open to the Administrative Department/Office to take up the matter with other Departments/Offices of the Government to provide at an early appointment on compassionate grounds to those in the waiting list.” Under such circumstances, Mr. Ahmed has contended to dispose of this petition by directing the respondent authorities to place the case of the before the next DLC. 6. In that view of the matter, this Court is inclined to dispose of this petition by directing the respondent authorities to place the case of the petitioner in the next DLC meeting for consideration of her case for being appointed in any Grade-IV post available in the Sivasagar district, under Nazira Sub-Division in terms of Clause 15 of the O.M. dated 01.06.2015. 7. The aforementioned exercise has to be carried out by the respondent authorities within a period of 3(three) months from the date of receipt of certified copy of this order. The petitioner shall obtain a certified copy of this order and shall place the same before the respondent authorities within a period of one week from today. Comparing Assistant Sd/- Robin Phukan JUDGE