Page No.# 1/6 GAHC010271072023 2025:GAU-AS:15241 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6978/2023 ALI HUSSAIN S/O MD. MUZAMMIL HUSSAIN, R/O VILL-DALOOGRAM, P.O.- DALOOGRAM, P.S.-LAKHIPUR, DIST-CACHAR, ASSAM, PIN-788101 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:THE INSPECTOR OF SCHOOLS CACHAR DISTRICT CIRCLE SILCHAR PIN-788001 4:THE DEPUTY COMMISSIONER CACHAR (NOW DISTRICT COMMISSIONER CACHAR) SILCHAR PIN-788001 5:THE SMDC UNION HIGH SCHOOL DALOOGRAM REPRESENTED BY THE HEADMASTER CUM SECRETARY DALOOGRAM Page No.# 2/6 P.O.-DALOOGRAM DIST- CACHAR ASSAM PIN-78800 Advocate for the Petitioner : MS. S B CHOUDHURY, P W A MAJUMDAR,MS. Z R MAJUMDAR,MR. S K DAS Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 11.11.2025 Heard Ms. S.B. Choudhury, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned standing counsel for the respondent Nos. 1, 2 and 3; and Ms. D.D. Barman, learned Addl. Senior Government Advocate for the respondent No. 4. None appears for the respondent No. 5. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities, more particularly the respondent No. 2/Director of Secondary Education, Assam to appoint the petitioner to the post of LDA or any suitable post in the Union High School, Daloogram; and alternatively, he also prayed for issuing direction to the respondent No. 2 to dispose of the representation filed by him on 20.07.2020 (Annexure-D). 3. Ms. Choudhury, learned counsel for the petitioner submits that the petitioner is the son of Muzammil Hussain, who had donated three bighas of land in the name of the Union High School, Daloogram, Cachar, and that at the time of donation, the Managing Committee of the school had given assurance for appointment of any children of the donor. Ms. Choudhury also submits that Page No.# 3/6 at the relevant point of time, the petitioner was a minor and as such, none of the family members could apply for being appointed to any post, and thereafter, on attaining majority, the petitioner had filed one application for being appointed to the post of LDA in the said school and the same was duly communicated by the Headmaster of the school to the Director of Secondary Education, Assam through the Inspector of Schools, CDC, Silchar, vide letter dated 10.11.2016, but the same failed to evoke any response. Ms. Choudhury further submits that the Managing Committee of the school had also adopted various resolutions in favour of appointment of the petitioner as LDA against the vacant post of LDA in the school, but his case has still not been considered by the respondent authorities, and being aggrieved, the petitioner has approached this Court by filing the present petition. 4. The respondent No. 3/Inspector of Schools, CDC, Silchar has filed affidavit- in-opposition, wherein it is stated that : (i) The documents viz- SMDC Resolution of the establishment of the school and land deed received from the file reveal that the father of the petitioner had donated 2 Bigha 6 Katha and 6 Chatak out of 3 Bighas and the rest were donated by two other donors mentioned in the land deed. (ii) The proceeding book of the school establishment reveals that there was no such written assurance for reservation of any post in the school for any member of family of the donor. (iii) The petitioner after obtaining qualification applied for the post of LDA to the then M.C. (Managing Committee) of the school, but the Managing Committee has no power to appoint anyone as per the order of the Government of Assam, 2005, which banned any kind of appointment on the basis of Page No.# 4/6 honorary or else. (iv) The records of the school reveal that the Headmaster communicated for his appointment along with all relevant documents and the office has nothing to do with it. 4.1. It is also stated that the vacant post mentioned in the petition has already been filled up by the Government of Assam through Assam Director Recruitment Examination, 2022 and subsequent appointment order has been issued to the incumbent, and as such, the case of the petitioner cannot be considered. 5. Mr. Sarma, learned standing counsel for the respondent Nos. 1, 2 and 3 submits that at present, no post is lying vacant in the said school, and that the Managing Committee has no power to appoint anyone and there is ban on the power of the Managing Committee to appoint any person on honorary basis, and that the respondent authorities have passed one legislation for direct recruitment to the post of LDA and under the said Act, the person concerned must qualify in the examination besides possessing the requisite qualification for being appointed, and as such, there is no merit in this petition, and therefore, it is contended to dismiss the same. 6. In reply to the submission of Mr. Sarma, learned standing counsel for the respondent Nos. 1, 2 and 3, Ms. Choudhury, learned counsel for the petitioner submits that the petitioner possess the requisite qualification for being appointed to the post of LDA and he has been working in the Computer Section of the said school expecting that he will be appointed one day in the said school, and therefore, it is contended to allow this petition. 7. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record, Page No.# 5/6 and also gone through the relevant provisions of law. 8. The basic facts, herein this case, are not in dispute. The father of the petitioner had donated a plot of land measuring 2 bighas 6 kathas and 6 chatak out of 3 bighas to the Union High School, Daloogram and the rest were donated by other two donors and the said donation was made on 26.04.1979. However, at the relevant point of time, the petitioner was a minor and on attaining majority, he filed an application for being appointed to the post of LDA in the said school, which was forwarded by the Headmaster of the school to the respondent No. 2, but the same failed to evoke any response. 9. It also appears that the vacant post, which the petitioner has referred to, has already been filled up as is apparent from the affidavit-in-opposition filed by the respondent No. 3. Further, the appointment to the posts of Class-III and Class-IV is now governed by the Assam Direct Recruitment Commissions for Analogous Posts in Class-III and Class-IV (Amendment) Act, 2022. And in the said Act, there is no provision for providing job to the family members or the donors of the land to the school. 10. While dealing with the issue of grant of job in lieu of land, Hon’ble Supreme Court, in the case of Sanjeev Kumar vs. State of Haryana and Ors., in Special Leave to Appeal (C) No. 30798/2025, has held that there is no provision for grant of job in lieu of the acquired land. The policy decision, if any, of giving job in lieu of the acquired land cannot prevail over the statutory provisions. 11. Under the given factual and legal matrix, this Court finds this petition devoid of merit. However, the respondent No. 2 is directed to dispose of the representation dated 20.07.2020, by a speaking order and the said exercise Page No.# 6/6 shall be carried out within a period of four weeks from the date of receipt of certified copy of this order. 12. In terms of above, this writ petition stands disposed of leaving the parties to bear their own cost. JUDGE Comparing Assistant