Page No.# 1/5 GAHC010215602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5938/2025 ARPITA KALITA D/O LATE HEMENDRA KALITA, VILL- SANTINAGAR, P.O.- BALADMARI, P.S. AND DIST- GOALPARA, ASSAM, PIN-783121 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWHAATI-781006 2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI-781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-781006 4:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-6 Page No.# 2/5 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA P.O. AND DIST- GOALPARA ASSAM PIN-7831 6:THE DISTRICT COMMISSIONER GOALPARA CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) GOALPARA FOR APPOINTMENT ON COMPASSIONATE GROUND P.O. AND DIST- GOALPARA ASSAM PIN-783 Advocate for the Petitioner : MR. N HOSSAIN, Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 17.10.2025 Heard Mr. N. Hossain, learned counsel for the petitioner; Mr. B. Deuri, learned Government Advocate for the respondent Nos. 1, 2 & 3; Ms. S. Konwar, learned standing counsel for the Elementary Education Department, being respondent Nos. 4, 5 & 6. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has:- (i) Challenged the Office Memorandum (OM hereinafter) dated 18.09.2024, issued by the Commissioner and Secretary to the Government of Assam in the Personnel (B) Department, Dispur, Guwahati; Page No.# 3/5 (ii) Prayed for issuing direction to the respondent authorities to consider her case as per the recommendation made by the District Level Committee (DLC hereinafter) on 23.12.2022, for appointment on compassionate ground against any vacant post as per the prevalent scheme/policy dated 01.06.2015; and (iii) Also prayed for issuing direction to the respondent authorities not to give effect to the OM dated 18.09.2024. 3. Mr. Hossain, learned counsel for the petitioner submits that Late Hemendra Kalita, the father of the petitioner was serving as a Science Teacher in New Goalpara M.E. School, under the District Elementary Education Officer (DEEO hereinafter), Goalpara in the district of Goalpara and on 16.08.1999, he died in harness and at that time the petitioner was minor, aged about 5 years and her mother expired on 23.01.2003, while she was 9 years old and her younger brother 4 years old. 3.1. Thereafter, on 27.01.2015, the petitioner had applied for being appointed on compassionate ground before the DEEO, Goalpara as per prevailing norms. Accordingly, her proposal was taken up for consideration and the DLC, in its meeting held on 23.12.2022, had recommended her name for being appointed on compassionate ground against any vacant post and the minutes of the DLC shows that the name of the petitioner was recommended on humanitarian ground as special case. 3.2. Thereafter, the Deputy Commissioner, Goalpara, on 18.04.2023, had issued a letter and forwarded the proposal of the petitioner as per format, to the Principal Secretary to the Government of Assam in the Elementary Education Page No.# 4/5 Department, for placing the same before the State Level Committee (SLC hereinafter) for further consideration as per norms. But, the same failed to evoke any response till date and in the meantime, on 18.09.2024, the Commissioner and Secretary to the Government of Assam in the Personnel (B) Department had issued the said impugned OM, by deciding that no cases for appointment on compassionate ground shall be entertained by any Administrative Departments/Authorities for any reason whatsoever nor be placed before SLCs/DLCs for recommendations of candidates for being appointed on compassionate ground. 3.3. But, the petitioner was recommended by the DLC, Goalpara on 23.12.2022, i.e. much earlier before issuance of OM dated 18.09.2024 and subsequent notice dated 30.08.2025. 3.4. Mr. Hossain further submits that the petitioner came to know about the said subsequent notice only on 11.09.2025, from the recommended candidates of Goalpara district and thereafter, she had also submitted all the required information and documents as per the notice. 3.5. Mr. Hossain also submits that because of impugned OM, dated 18.09.2024, the SLC has refused to consider the proposal of the petitioner, as recommended by the DLC, for being appointed on compassionate ground and being aggrieved, the petitioner has approached this Court by filing this present petition with the prayers as stated above. 4. Per-contra, Mr. Deuri, learned Government Advocate for the respondent Nos. 1, 2 & 3, submits that in compliance of the order dated 03.04.2025, passed by this Court in W.P.(C) No. 342/2025, the Government has issued an SOP inviting the petitioners, who have challenged the OM dated 18.09.2024, Page No.# 5/5 including the similar cases, which have been disposed of by this Court by citing the judgment and order dated 03.04.2025, passed in W.P.(C) No. 342/2025. 4.1. Mr. Deuri further submits that the copy of the SOP has been circulated in all the Administrative Departments for taking necessary actions following the guidelines as mentioned in the SOP. 4.2. Mr. Deuri also submits that if the present petitioner has filed her application in terms of the said SOP, then the matter will be placed before the SLC. 5. On the other hand, Ms. Konwar, learned standing counsel for the Elementary Education Department, being respondent Nos. 4, 5 & 6, has adopted the submission, so advanced by Mr. Deuri, learned Government Advocate for the respondent Nos. 1, 2 & 3. 6. Thus, taking note of the submissions of learned counsel for both the parties and also in view of the SOP issued by the Government, this Court is inclined to dispose of this petition by directing the respondent authorities to place the recommendation of the DLC, in respect of the present petitioner, for being appointed on compassionate ground, before the SLC to take it to a logical conclusion. 7. The aforesaid exercise has to be carried out within a period of 3 (three) months from the date of receipt of the certified copy of this order. 8. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within a period of 1 (one) week from today. JUDGE Comparing Assistant