Page No.# 1/4 GAHC010284852025 2025:GAU-AS:17749 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7404/2025 RAKIBUL ISLAM SON OF LATE AYNAL HOQUE, VILLAGE- GUNAILGURI, P.O.- GUNIALGURI, P.S. KALGACHIA, DISTRICT- BARPETA (ASSAM), PIN- 781319 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PERSONNEL DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND REPRESENTED BY ITS CHAIRMAN-CUM-CHIEF SECRETARY GOVERNMENT OF ASSAM DISPUR GUWAHATI- 781006 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI- 781006 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) BARPETA ASSAM PIN- 761301 Page No.# 2/4 6:THE DISTRICT COMMISSIONER BARPETA-CUM-CHAIRMAN DISTRICT LEVEL COMMITTEE (DLC) BARPETA ASSAM PIN- 78130 Advocate for the Petitioner : MR N SARMA, MR. L GOGOI Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 19.12.2025 Heard Mr. L. Gogoi, learned counsel for the petitioner. Also heard Ms. D. D. Barman, learned Addl. Senior Government Advocate for the respondent Nos. 1, 2 and 6; and Mr. P.K. Borah, learned standing counsel for the respondent Nos. 3, 4 and 5. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the O.M. dated 18.09.2024, issued by the Commissioner and Secretary to the Government of Assam, Personnel (B) Department, Dispur, Guwahati, in respect of the petitioner, deciding not to place the proposals before SLCs/DLCs for recommendations of candidates, for appointment on compassionate ground; and also, to issue direction to the respondent authorities to consider the case of the petitioner for appointment on compassionate ground, as per the direction of this Court, in order dated 27.06.2024, passed in WP(C) No. 2736/2024. 3. Mr. Gogoi, learned counsel for the petitioner, submits that the father of the petitioner, namely, Aynal Hoque, who was serving as Head Teacher of 1127 No. Page No.# 3/4 Bogulmari LP School, Barpeta, died in harness on 07.11.2006; and at the time of death of his father, the petitioner was a minor. Mr. Gogoi also submits that thereafter, the mother of the petitioner had submitted applications on 01.02.2007 and 25.07.2016, before the authorities for being appointed on compassionate ground. But the same failed to yield any result. Then after attaining the age of majority, the petitioner had also submitted an application on 31.08.2021, before the authorities for appointment on compassionate ground. Mr. Gogoi further submits that the case of the petitioner was placed twice before the District Level Committee (DLC), Barpeta, but his case was not considered, and thereafter, the petitioner had approached this Court by filing a writ petition, being WP(C) No. 2736/2024, and this Court, vide order dated 27.06.2024, had remanded the matter back to the DLC to reconsider the case of the petitioner, in accordance with law, in its next available meeting. However, in the meantime, the Commissioner and Secretary to the Government of Assam, Personnel (B) Department, Dispur, Guwahati had issued the impugned O.M. dated 18.09.2024, and being aggrieved, the petitioner has approached this Court by filing the present petition. 3.1. Mr. Gogoi, by referring to one order dated 12.12.2025, passed by this Court in WP(C) No. 7133/2025, submits that in the said petition, this Court was pleased to direct the respondent authorities to place the case of the petitioner therein before the next available SLC and since the present petitioner is also similarly situated with the petitioner of WP(C) No. 7133/2025, similar order may be passed herein this petition also, directing the respondent authorities to place the case of the petitioner before the DLC, Barpeta. 4. Ms. Barman, learned Addl. Senior Government Advocate for the respondent Nos. 1, 2 and 6; and Mr. Borah, learned standing counsel for the respondent Nos. 3, 4 and 5 submit that they have no objection if the present petition is disposed of by granting similar relief to the petitioner as granted in WP(C) No. 7133/2025. Page No.# 4/4 5. Accordingly, taking note of the submissions of learned counsel for both the parties, and as agreed upon, this Court is inclined to dispose of this petition by directing the respondent authorities to place of the case of the petitioner before the next available DLC, Barpeta, and in the event of the case of petitioner being placed before the DLC, the DLC shall consider the same in accordance with law, preferably within a period of six weeks from the date of receipt of certified copy of this order. 6. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within a period of one week from today. 7. In terms of above, this writ petition stands disposed of. J U D G E Comparing Assistant