Page No.# 1/4 GAHC010096322024 2026:GAU-AS:1890 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2560/2024 MD. BAHARUL ISLAM SON OF LATE NURUL ISLAM, RESIDENT OF KUNWARPUR SENSUA P.O. CHAULKARA PIN- 785640, DISTRICT- SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19 ASSAM 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR ASSAM- 785640 4:THE BLOCK ELEMENTARY EDUCATION OFFICER DEMOW BLOCK SIVASAGAR ASSAM- 78566 Advocate for the Petitioner : MR. A JAHID, MR N SARMA Advocate for the Respondent : SC, ELEM. EDU, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER 11.02.2026 Heard Mr. N. Sarma, learned counsel for the petitioner. Also Heard Mr. A. Phukan, learned Standing Counsel, Elementary Education Department for all the respondents. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to consider for adjustment of the petitioner in any Grade- III post in the Department of School Education commensurate with his education qualification or to dispose of the representation dated 19.12.2023 submitted by the petitioner. 3. The petitioner was appointed in the Upper Primary School as Grade IV (Chowkidar) by the Director, Elementary Education, Assam on 20.08.2021 on compassionate ground. 4. The father of the petitioner, Late Nurul Islam had died in harness on 17.10.2010 while serving as Head Master of 15 No. Chaulkara L.P. School, Sivasagar, Assam. The petitioner being eligible for appointment on compassionate ground filed an application on 26.11.2010 pursuant to which the District Level Committee and State Level Committee have considered, however, deferred the same on the ground of non availability of the HSSLC mark sheet of the petitioner. 5. Being aggrieved, the petitioner approached this Court by filing a writ petition being WP(C) No. 5467/2016. This Court has disposed of the writ petition with a direction to place the application of the petitioner in the next SLC meeting. Accordingly, the SLC in its meeting held on 28.12.2020 recommended the name of the petitioner for appointment in Grade-IV (Chowkidar) post in Upper Primary School and accordingly, he was appointed on compassionate ground in the said post. Page No.# 3/4 6. It is the case of the petitioner that at the time of consideration of his case for appointment on compassionate ground, he was qualified to be appointed against the Grade III post. However, as the petitioner was suffering from financial hardship, he had no other option but to accept the appointment on Grade-IV post. Thereafter, the petitioner submitted a representation dated 19.12.2023 before the Director of Elementary Education to adjust him in any Grade III post commensurate with his qualification, as he being a graduate, the post of Grade - IV in which he is serving is not befitting. Therefore, the authorities may be directed to consider for adjustment of his service against any Grade- III post as his deceased father was serving in the Grade - III post as Head Master of the school. 7. Upon consideration of the pleadings in the writ petition and the submission of Mr. N. Sarma, learned counsel for the petitioner, it appears that the petitioner is indirectly seeking a direction to amend or frame Rules for appointment in the Grade III post after accepting his appointment as Grade IV post, that too, on compassionate ground. It also reflects that the petitioner is seeking a direction for creation of promotional avenues as the petitioner had submitted that there are no promotional avenues from the post of Grade IV, after having been accepted his appointment on compassionate ground. 8. I am afraid, such prayer would come within the ambit of a Writ Court as no mandamus can be issued for amendment or framing of any rules or to create any promotional avenues. Undisputedly, the petitioner has applied for appointment on compassionate ground on account of the death of his father who had died in harness while serving as Head Master of the school. When the grievance was not considered, he had approached this Court by filing the writ petition (supra) whereby this Court has directed to place the case of the petitioner in the State Level Committee meeting for consideration of appointment on compassionate ground. 9. Pursuant thereto, the case of the petitioner has been considered and Page No.# 4/4 recommended and consequently, the petitioner has been appointed as Grade IV (Chowkidar) post which he had accepted and stated to be serving in the said post. 10. Having considered above, this Court is of the considered view that no direction can be issued to frame Rules, Act, amend or to create any promotional avenues as the same would not come within the ambit of Writ Court, as it is well settled that it is neither legal nor proper for the Court to issue directions or advisory sermons to the executive in respect of the sphere exclusively within the domain of executive under the Constitution. 11. Thus, I find no merit in the writ petition and accordingly, the writ partition stands dismissed. However, it is provided that the respondent authorities on their own wisdom may consider and dispose of the representation dated 19.12.2023 submitted by the petitioner. JUDGE Comparing Assistant