Nijumoni Borah Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

Nijumoni Borah Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of by remanding the matter to the District Level Committee for Compassionate Appointment, Lakhimpur (respondent No.4) for fresh consideration of the petitioner's compassionate appointment claim in terms of the Office Memorandum dated 01.06.2015; the District Elementary Education Officer, Lakhimpur (respondent No.3) directed to place the case before respondent No.4 within 3 (three) weeks from receipt of a certified copy of the order.

Issue for consideration

Whether the petitioner's case should be remanded to the District Level Committee for Compassionate Appointment, Lakhimpur for fresh consideration in terms of the Office Memorandum dated 01.06.2015 (Clauses 15 and 24(d)). +1 more

Court's answer

The writ petition is disposed of by remanding the matter to the District Level Committee for Compassionate Appointment, Lakhimpur, Assam (respondent No.4) for considering the petitioner's case for compassionate appointment in terms of the Office Memorandum dated 01.06.2015.

Ratio / Principle

The District Elementary Education Officer, Lakhimpur, North Lakhimpur, Assam (respondent No.3) is directed to place the petitioner's case before respondent No.4 for fresh consideration within three weeks from receipt of a certified copy of the order.

Detailed headnote1 paragraphs

Gauhati High Court (Nelson Sailo, J.) — WP(C)/2024/2022, Nijumoni Borah v. State of Assam & 4 Ors., decided 16-06-2025: The petitioner sought consideration for compassionate appointment; her writ petition had been dismissed by order dated 20.03.2023 on the ground of no vacancy in the compassionate appointment quota. On Review Petition No.55/2024, the Court recalled the dismissal, having found that Clause 15 along with Clause 24(d) of the Office Memorandum dated 01.06.2015 had not been complied with. On the petitioner's submission, the Court disposed of the writ petition by remanding the matter to the District Level Committee for Compassionate Appointment, Lakhimpur (respondent No.4) for fresh consideration in terms of the Office Memorandum dated 01.06.2015, and directed the District Elementary Education Officer, Lakhimpur (respondent No.3) to place the case before the Committee within 3 (three) weeks of receipt of a certified copy of the order.

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GAHC010052242022

2025:GAU-AS:6500

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2024/2022

NIJUMONI BORAH

D/O- LATE PRAFULLA CH. BORAH R/O- KANDUNA PATHAR P.O- DEJOO TEA GARDEN P.S- NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM

VERSUS

1: THE STATE OF ASSAM AND 4 ORS TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY.-06. KAMRUP (M)

2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY.-19. KAMRUP (M)

3:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR NORTH LAKHIMPUR ASSAM

4:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT LAKHIMPUR ASSAM

5:THE DEPUTY COMMISSIONER LAKHIMPUR DIST- LAKHIMPUR ASSAM

Advocate for the Petitioner : MR. R P HAZARIKA, MR P P MEDHI,MR M J DEURI

Advocate for the Respondent : SC, EDU, MR. A PHUKAN, SC, ELE. EDU. DEPTT.,MRS. D DAS BARMAN, GA, ASSAM

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– B E F O R E – HON’BLE MR. JUSTICE NELSON SAILO

16-06-2025

Heard Mr. N. Sarma, learned counsel for the petitioner and Mr. P.K. Bora, learned Standing Counsel, Education (Elementary) Department, appearing for the respondent Nos.1, 2 & 3. Also heard Mr. B. Deuri, learned Junior Government Advocate, Assam, appearing for the respondent Nos.4 & 5.

[2] Although this writ petition is listed for motion, but having regard to the nature of the case projected by the petitioner, the writ petition is taken up for disposal at this stage.

[3] The writ petition earlier was dismissed vide order dated 20.03.2023 on the ground that there was no vacancy as per the quota meant for compassionate appointees. Later on, the petitioner filed Review Petition No.55/2024 and this Court, having regard to the Office Memorandum dated 01.06.2015, more particularly, Clause 15 of the said Office Memorandum, recalled the earlier order dated 20.03.2023. It was observed that Clause 15 had not been complied with along with Clause 24(d) of the said Office Memorandum.

[4] Having regard to the observations made by this Court while recalling the order of dismissal of the writ petition, the learned counsel for the petitioner submits that the matter may be remanded back to the District Level Committee (DLC) concerned for fresh consideration in terms of the Office Memorandum dated 01.06.2015.

[5] In view of above, the writ petition stands disposed of by remanding the matter to the District Level Committee for Compassionate Appointment,

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Lakhimpur, Assam (respondent No.4) for considering the case of the petitioner for compassionate appointment in terms of the Office Memorandum dated 01.06.2015. The District Elementary Education Officer, Lakhimpur, North Lakhimpur, Assam (respondent No.3) is directed to place the case of the petitioner before the respondent No.4 for fresh consideration, as directed hereinabove, within a period of 3(three) weeks from the date of receipt of a certified copy of this order.

J U D G E

Comparing Assistant