The Gauhati High Court dismissed a writ petition seeking compassionate appointment. The Court held the petition was premature as the petitioner had not received RTI information on vacancies. It further rejected the claim as repeated consideration after a previous rejection based on lack of vacancy was impermissible.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010036882019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1316/2019
1:SYED SAHNAWAZ SARIF S/O LATE SIRAJUDDIN AHMED VILL- KANIKUCHI, P.O.KANIHA P.S. RANGIA, DIST. KAMRUP (R), PIN - 781380.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS. REP. BY THE CHIEF SECRETARY, GOVT. OF ASSAM, CUM THE CHAIRMAN OF STATE LEVEL SELECTION COMMITTEE FOR COMPASSIONATE APPOINTMENT, DISPUR, GUWAHATI-6.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT DISPUR, GUWAHATI -6 CUM THE MEMBER SECRETARY OF STATE LEVEL SELECTION COMMITTEE FOR COMPASSIONATE APPOINTMENT.
3:THE DIRECTOR OF EDUCATION (ELEMENTARY) ASSAM, KAHILIPARA GUWAHATI-19.
4:THE CHAIRMAN OF DISTRICT LEVEL COMMITTEE CUM THE DEPUTY COMMISSIONER KAMRUP DIST. KAMRUP ASSAM.
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER CUM MEMBER SECRETARY DISTRICT LEVEL SELECTION COMMITTEE KAMRUP (R) ASSAM.
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6:THE DEPUTY INSPECTOR OF SCHOOLS RANGIA, ASSAM.
Advocate for the Petitioner : MR. R A CHOUDHURY
Advocate for the Respondent : SC, ELEM. EDU
BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
08.03.2019
Heard Mr. R. A. Choudhury, learned counsel for the petitioner and Ms. S. Konwar, learned Standing Counsel, Elementary Education Department.
Petitioner had made a claim before the respondents for appointment on compassionate ground following the death of his father in-harness on 09.11.2012. It is stated that father was Head Teacher of No. 205 Simalua LP School, Kamrup.
Case of the petitioner was processed and forwarded by the District Level Committee, Kamrup in its meeting held on 12.10.2015. However, State Level Committee in its meeting held on 20.07.2017 rejected the claim of the petitioner on the ground of lack of vacancy. This was communicated to the petitioner by the Deputy Secretary to the Govt. of Assam, Elementary Education Department vide communication dated 03.05.2018.
Assailing this decision, petitioner filed a writ petition before this Court being WP(C) No. 5840/2018 which was dismissed on withdrawal with liberty vide order dated 29.10.2018. This Court observed that since petitioner had sought for information under the Right to Information Act, 2005 as regards vacancy position, as and when he received the information he may file writ petition.
On a query by the Court, learned counsel for the petitioner submits that he has not received the required information. In that view of the matter this petition appears to be premature.
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That apart, petitioner’s case was considered but was rejected on the ground of lack of vacancy. Even if there are vacancies, it may not be enough to consider the case of the petitioner. The vacancy must be within the earmarked quota for compassionate appointment. Learned counsel for the petitioner is unable to show anything in this regard. Petitioner’s case was once considered but was rejected. There cannot be consideration upon consideration of a case for compassionate appointment. Such consideration has to end at a particular stage.
In that view of the matter, Court finds no merit in the writ petition which is accordingly dismissed.
Comparing Assistant
2 issues framed by the court
Whether a writ petition for compassionate appointment is maintainable when the petitioner failed to obtain informational data on vacancy positions under the RTI Act.
Whether repeated consideration of a rejected compassionate appointment claim is permissible under established principles.
1 provisions across 1 enactments
Syed Sahnawaz Sarif
The State of Assam
The Commissioner and Secretary to the Govt. of Assam Education
The Director of Education (Elementary) Assam
The Chairman of District Level Committee, Kamrup
The District Elementary Education Officer, Kamrup
Ujjal Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
