Rwirub Brahma v. The State of Assam and 8 Ors

PageoNo.#o1/5 GAHC010082582023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2234/2023o RWIRUBoBRAHMAo S/O-oLATEoRAKESHoBRAHMA,oR/O-oVILL.-oGOYBARY,oP.O.oANDoP.S.oDOTMA, DIST.oKOKRAJHAR,oBTAD,oASSAM,oPIN-o783347. VERSUSo THEoSTATEoOFoASSAMoANDo8oORS.o REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPUR,oGHY-06. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oEDUCATIONo(SECONDARY)oDEPARTMENT oDISPUR oGUWAHATI-06. 3:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 4:THEoSTATEoLEVELoSELECTIONoCOMMITTEE oFORoAPPOINTMENToONoCOMPASSIONATEoGROUND oREPRESENTEDoBYoCHAIRMAN oSLSC oDISPUR oGUWAHATI-06. 5:THEoDISTRICToLEVELoSELECTIONoCOMMITTEE oFORoAPPOINTMENToONoCOMPASSIONATEoGROUNDoINoSCHOOLo REPRESENTEDoBYoTHEoCHAIRMANoDLSC oBTC oKOKRAJHAR Page No.# 2/5 ASSAM PIN-783347. 6:THE MEMBER SECRETARY DISTRICT LEVEL SELECTION COMMITTEE FOR APPOINTMENT ON COMPASSIONATE GROUND IN SCHOOL REPRESENTED BY THE CHAIRMAN DLSC BTC KOKRAJHAR ASSAM PIN-783347. 7:THE MEMBER SECRETARY DLSC BTC KOKRAJHAR CUM INSPECTOR OF SCHOOLS KDC KOKRAJHAR ASSAM PIN-783347. 8:THE BODO TERRITORIAL COUNCIL (BTC) NOW BTR REPRESENTED BY THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM 9:THE DIRECTOR OF EDUCATION BTAD KOKRAJHAR ASSAM PIN-783347 Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : SC, SEC. EDU.

Page No.# 3/5 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

28/04/2023

Heard Mr. M U Mondal, learned counsel for the petitioner. Also heard Mr. P Saikia, learned Government Advocate, Assam for the respondent Nos. 1 & 4; Mr. S M T Chistie, learned Standing counsel, Department of School Education for the respondent Nos. 2 & 3 and Mr. R K Mushahary, learned Standing counsel, BTC for the respondent Nos. 5 to 9.

¶2Matter pertains to compassionate appointment of the petitioner under the Die-in-Harness Scheme of the State as his father, Rakesh Brahma, Assistant Teacher of Dotma Higher Secondary School under the BTC, died-in-harness on 07.07.2013.

¶3Earlier on his application for compassionate appointment in due time, the District Level Selection Committee (DLSC) for compassionate appointment, District-Kokrajhar on 07.07.2020 could not recommend the case of the petitioner due to lack of vacancy under 5% quota for the years 2013-2014 and 2014-2015.

¶4Being aggrieved, the petitioner has preferred a writ petition being WP(C) No. 4926/2020 that was disposed of by the Court on 25.11.2020.

¶5The Court in the said order dated 25.11.2020 passed in WP(C) No. 4926/2020 at paragraphs 4, 5 and 6 observed as follows:-

¶4In our view, the said provision is merely a conclusion of the committee but does not indicate the reason as to why the DLSC had arrived at its conclusion that there was no vacancies for the years 2013-2014 and 2014-2015. It is incumbent upon the DLSC to analyse as to which are the departments concerned, what are the number of vacancies available, how many filled up under the claim of compassionate appointment and as a result, whether any vacancies are available or not. Mere writing a single sentence that no vacancy available is not sufficient.

¶5In the circumstances, we remand the matter back to the DLC of BTC for a fresh consideration by setting aside the minutes dated 07.07.2020. Page No.# 4/5

¶6We have taken note that there cannot be any Secondary Education Department of Kokrajhar district as provided in heading of the minutes where the committee is described.

¶6The case of petitioner was again placed before the DLC, Kokrajhar on 01.11.2021 and on the said date, the DLC again could not recommend the case of the petitioner for his compassionate appointment under the Die-in-Harness Scheme on the ground of non-fulfillment of 5% of reserved quota.

¶7Being aggrieved with such decision of the DLC, Kokrajhar, the petitioner has preferred this writ petition.

¶8At Para 4 of the said order dated 25.11.2020 passed in WP(C) No. 4926/2020, the Court observed that the DLC, Kokrajhar did not indicate the reason as to why the DLSC had arrived at its conclusion that there was no vacancies for the years 2013-2014 and 2014-2015 and it is incumbent upon the DLSC to analyze as to which are the Departments concerned, what are the number of vacancies available, how many filled up under the claim of compassionate appointment and as a result, whether any vacancies are available or not.

¶9From the reading of the Minutes dated 01.11.2021 of the DLC, Kokrajhar, whereby the case of the petitioner could not be recommended for his compassionate appointment under 5% quota, it is found that the same is not in terms of the observations made by the Court on 25.11.2020 passed in WP(C) No. 4926/2020.

¶10Accordingly, the decision of the DLC, Kokrajhar dated 01.11.2021 failing to recommend the case of the petitioner for his compassionate appointment under the Die-in-Harness Scheme of the State being not conformity with the specific direction issued by the Court in the said order dated

25.11.2020 passed in WP(C) No. 4926/2020 stands set aside and quashed.

¶11The petitioner shall furnish a certified copy of this order before the Inspector of Schools, Kokrajhar cum Member Secretary of the DLC, Kokrajhar forthwith along with a copy of the said order dated 25.11.2020 passed in WP(C) No. 4926/2020 and a copy of this writ petition including the Annexures appended thereto with his full details including his address, phone number/mobile number and e-mail address etc., obtaining necessary acknowledgment from the said authority in that regard on or before 15.05.2023

¶12In the event of submission of the certified copy of this order, the said Member Secretary of Page No.# 5/5 the DLC, Kokrajhar shall place the case of the petitioner before the DLC, Kokrajhar for reconsideration of his case for compassionate appointment.

¶13The DLC, Kokrajhar shall now reconsider the case of the petitioner for his compassionate appointment in terms of the direction issued in the said order dated 25.11.2020 passed in WP(C) No. 4926/2020, more particularly, paragraphs 4 and 5 specified therein and shall intimate the petitioner about the outcome of his claim for compassionate appointment.

¶14With the above observation and direction, this writ petition stands disposed of.

JUDGE Comparing Assistant