Jahnabai Boragohain v. The State of Assam and 5 Ors

ORDER 21-08-2023 Heard Mr. A. Khanikar, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned Government Advocate, appearing on behalf of respondent Nos. 1 and 2 and Mr. A. Phukan, learned standing counsel, Education (Elementary) Department, appearing for respondent Nos. 3, 4 and 5.

¶2The father of the petitioner while serving as a Laboratory Bearer at Dhakuakhan Higher Secondary School, in the district of Lakhimpur, Assam, died-in-harness on 03-10-2011. Thereafter, the petitioner made an application in prescribed format for appointment on compassionate ground. The case of the petitioner was placed before the District Level Committee (DLC) on 21-04-2012, 16-03-2013 and 18-12-2013, however, her case was not recommended.

¶3As there was no information with regard to the status of her application for appointment on compassionate ground for a very long period, the petitioner made an application under RTI Act and in reply to the said application, the petitioner was informed that his case was placed before the DLC in its meetings held on 21-04-2012, 16-03-2013 and 18-12-2013, however, her name was not recommended. It was further informed that only the recommended candidates list were recorded in the minutes and the list of rejected candidates were not recorded in the minutes at the period of time. It was further stated that the reasons for rejecting the case of the petitioner is not known. Page No.# 3/3

¶4It is the case of the petitioner that despite consideration of her case by the DLC on three occasions, i.e. on 21-04-2012, 16-03-2013 and 18-12-2013, no information was furnished to the petitioner and the same has been done in contravention of Clause 24(d) of the Office Memorandum dated 01-06-2015, issued by the Additional Chief Secretary to the Government of Assam, Department of Personnel: Personnel (B).

¶5A perusal of the RTI reply, dated 23-12-2022, given by the Additional Deputy Commissioner, Lakhimpur, clearly indicates that only the names of the recommended candidates were recorded and the list of rejected candidates were not recorded during the said period. A further perusal of the Office Memorandum dated 01-06-2015, would indicate that under Clause-24(d), it is provided that while disposing of applications by way of rejection, clear speaking order should be recorded stating the reason for rejection and a copy of such order shall be furnished to the applicants. This has not been done in respect of the petitioner.

¶6In that view of the matter, the matter is remanded to the DLC to reconsider the case of the petitioner in accordance with law, in its next immediate sitting. Thereafter, the outcome of the consideration of the case of the petitioner shall be communicated to the petitioner.

¶7With the above observation and direction, the present writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010018402023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/494/2023o JAHNABAIoBORAGOHAINo S/O-oLT.oJUGESWARoGOHAIN,oR/O-oVILL-oKATHARBARI,oP.O.o DHAKUAKHANA,oP.S.oDHAKUAKHANA,oDIST.-oLAKHIMPUR,oASSAM,oPIN-o 787055 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCHIEFoSECRETARYoCUMoCHAIRMAN,oSTATEoLEVELo COMMITTEE,oDISPUR,oGHY-6 2:THEoDY.oCOMMISSIONERoCUMoCHAIRMAN oDISTRICToLEVELoCOMMITTEE oLAKHIMPUR oNORTHoLAKHIMPUR oPIN-o787011 3:THEoINSPECTORoOFoSCHOOLS oLAKHIMPUR oNORTHoLAKHIMPUR oDIST.-oLAKHIMPUR oPIN-o787011 4:DISTRICToELEMENTARYoEDUCATIONoOFFICER oLAKHIMPUR oNORTHoLAKHIMPUR oDIST.-oLAKHIMPUR oPIN-o787011 5:THEoHEADoMASTERoOFoDHAKUAKHANAoHIGHERoSECONDARYoSCHOOL oDHAKUAKHANA oDIST.-oLAKHIMPUR Page No.# 2/3 PIN- 78701 Advocate for the Petitioner : MR A KHANIKAR Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR