Baharul Islam Choudhury v. The State of Assam and 5 Ors

ORDER Date : 28.06.2023

Heard Mr. A.M.Barbhuiya, learned counsel for the petitioner. Also heard Mr. G.Pegu, learned standing counsel, Elementary Education for the respondent Nos. 1, 3, 5 and 6 and Mr. P.Saikia, learned Govt. Advocate for the respondent Nos. 2 and 4.

¶2The father of the petitioner Late Siraj Uddin Choudhury while serving as Head Master at Rongpur Boalipur M.E. School in the district of Hailakandi, died-in-harness on 20.10.2016. As the petitioner was qualified, he made an application for appointment on compassionate grounds on 29.12.2016 in the prescribed format along with all necessary documents. However, as the case of the petitioner was not considered by the DLC, the petitioner approached this Court by filing WP(C)/5236/2019, which was disposed of by order dated

26.07.2019, directing the respondent authorities to place the matter before the appropriate authority for further consideration within a period of 1(one) month from the date of receipt of a copy of the said order. Page No.# 3/4

¶3Thereafter, the District Level Committee, Hailakandi in its meeting held on

05.10.2021, rejected the case of the petitioner on the ground that Next of Kin Certificate was not submitted in the application.

¶4It is the case of the petitioner that he had obtained his Next of Kin Certificate on 22.12.2016 and had submitted the same while making his application for appointment on compassionate grounds.

¶5The learned counsel for the petitioner placing reliance on the order dated

17.01.2022 passed in WP(C)/217/2022, submits that the case of the petitioner may be remanded to the concerned DLC for reconsideration.

¶6In the order dated 17.01.2022, passed by this Court in WP(C)/217/2022, this Court had made an observation that the law of compassionate appointment is not a regular recruitment and the authorities are required to look into the issue with some compassion as it is a claim for compassionate appointment and the only requirement of law is to see an inter-se comparison of the financial status of the respective applicants so that the worse off the candidates is offered the appointment.

¶7After hearing the learned counsel for the parties, this Court is of the considered opinion that the ratio laid down in the order dated 17.01.2022, passed by this Court in WP(C)/217/2022 can be applied in the present case inasmuch as the DLC which held its meeting on 05.10.2021, rejected the case of Page No.# 4/4 the petitioner only on the ground that the Next of Kin Certificate has not been submitted.

¶8Accordingly, the petitioner is directed to submit the Next of Kin Certificate in original to the concerned authority and thereafter the case of the petitioner shall be placed in the next immediate sitting of the concerned DLC for reconsideration of his case for appointment on compassionate grounds in accordance with law.

¶9With the aforesaid observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010142262023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3792/2023o BAHARULoISLAMoCHOUDHURYo S/O-oLATEoSIRAJoUDDINoCHOUDHURY,oVILLAGE-oRONGPURoPT-I,oP.O.o APIN,oP.S.oLALA,oDIST.-oHAILAKANDI VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo TOoBEoREP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,o ELEMENTARYoEDUCATIONoDEPTT.,oDISPUR,oGHY-6 2:THEoSTATEoLEVELoCOMMITTEE oREP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPUR oGHY-6 3:THEoDIRECTORoOFoELEMENTARYoEDUCATIONoDEPTT. oASSAM oKAHILIPARA oGHY-19 4:THEoDISTRICToLEVELoCOMMITTEE oHAILAKANDIo(FORoCOMPASSIONATEoAPPOINTMENT)oREP.oBYoITSo CHAIRMAN/DEPUTYoCOMMISSIONER oHAILAKANDI oP.O.oP.S.oANDoDIST.-oHAILAKANDI oASSAM-o788152 5:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oHAILAKANDI oP.O. oP.S.oANDoDIST.-oHAILAKANDI oASSAM-o788152 Page No.# 2/4 6:THE DEPUTY INSPECTOR OF SCHOOLS HAILAKANDI P.O. P.S. AND DIST.- HAILAKANDI ASSAM- 78815 Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR