Page No.# 1/4 GAHC010092482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2413/2025 SRI NAYANJYOTI SALOI S/O LT KARUNA KANTA SALOI R/O WARD NO 7 VTC RANGIA PO RANGIA PS RANGIA SUB DIST RANGIA DIST KAMRUP ASSAM PIN 781104 ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY THE SECRETARY HIGHER EDUCATION TO THE GOVT OF ASSAM DISPUR DIST KAMRUP METRO GUWAHATI 6 ASSAM 2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE REGISTRAR COTTON UNIVERSITY PANBAZAR GUWAHATI 781001 ASSAM 4:THE DISTRICT COMMISSIONER KAMRUP METRO CUM CHAIRMAN DISTRICT LEVEL SELECTION COMMITTEE GUWAHATI Advocate for the Petitioner : MR. M BHAGABATI, MS. B TALUKDAR Advocate for the Respondent : GA, ASSAM, SC, HIGHER EDU Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 14.05.2026 Heard Mr. M. Bhagawati, learned counsel for the petitioner. Also heard Mr. S. Bhuyan, learned Standing Counsel, Higher Education, as well as Ms. K. Phukan, learned Government Advocate, for respondent No. 4. 2. By this application, filed under Article 226 of the Constitution of India, the petitioner has prayed to consider his case for appointment on compassionate ground, against any Grade-III or Grade- IV vacant post. 3. The case of the petitioner is that the father of the petitioner, died in harness, on 09.06.2016. The father of the petitioner was working as a Grade-IV employee in the Cotton College, Guwahati, which is now a Cotton University. 4. After the death of the father of the petitioner, his mother submitted representation, before the Hon’ble Principal Cotton College on 29.06.2016 stating therein, that her husband had served the college for a period of 38 years, with utmost sincerity and dedication, and that after his death, the family is in pathetic financial condition, and as such, a prayer was made for appointment of her younger son i.e., the petitioner on compassionate basis in the said college. 5. Representation was also submitted, by the mother of the petitioner, before the Director Department of Higher Education on 11.7.2016. Thereafter, the Principal of Cotton College, Guwahati had forwarded the said representation to the Director of Higher Education, Assam on 18.07.2016. The Director of Higher Education vide letter dated 11.08.2016 wrote to the Deputy Commissioner, Kamrup(M), Personal Branch, forwarding a proposal with documents, received Page No.# 3/4 from the Principal, Cotton College, for appointment of the petitioner on compassionate grounds, and requesting for a necessary action, in the District Level Committee. 6. However, the District Level Committee, by a speaking order had stated that pursuant to a meeting held on 22.05.2018, it was decided that the petitioner could not be considered for appointment on compassionate ground due to the fact that his father had less than three years of, remaining service in the college, at the time of death. 7. The learned Counsel for the petitioner states, that the Office Memorandum, providing for compassionate appointment, dated 01.06.2015 provides in Clause-1 that only one dependent family member of a Government servant, who dies in harness would be eligible for appointment on compassionate ground but in cases, where the Government servant has less than three years of service, in his tenure the dependent will not be entitled for any appointment. 8. However, the learned counsel submits, that although Clause-1 provides for the same, but the said clause was put to challenge before this Court in Writ Petition No.1646/2021, and the learned Single Judge vide order dated 30.01.2023 had held that Clause-1 of the said Office Memorandum, was unconstitutional and the same was struck down. 9. The State of Assam had filed an appeal against the said order and the Hon’ble Division Bench vide a common judgment and order dated 12.12.2025, passed in a batch of writ appeals, one being Writ Appeal No.287/2023 had upheld the decision of the learned Single Judge and stated that Clause-1 of the Office Memorandum, dated 01.06.2015 held as constitutionally invalid by learned the Single Judge is justified. Page No.# 4/4 10. As such, the learned counsel for the petitioner submits that the ground of refusal by the District Level Committee being no longer valid, the District Level committee, should reconsider the case of the petitioner, for his appointment on compassionate ground to any Grade-III or Grade-IV post. 11. This court, after going through the facts of the instant case as well as the judgment passed by this court, is also of the view, that the District Level Committee should reconsider the case of the petitioner, for appointment on compassionate ground, to any post in the Cotton University. 12. It is also further stated, that although compassionate appointment has been stopped by notification dated 18.09.2024, but since the instant case was earlier in point of time and the case was considered by the committees, the case of the petitioner, may also be considered again, by the District Level Committee. 13. It is further directed that the committee should consider his case within a period of one month from the date of receipt of this order and submit a proposal before the State Level Committee who would again decide on the issue. 14. The petitioner is also directed to give his representation along with a certified copy of this order and place it before the District Level Committee at the earliest. 15. Petition is disposed of. JUDGE Comparing Assistant