Mr Diganta Biswas Vs the State of Assam and Ors.

Heard Mr. S.U. Ahmed, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned standing counsel for the respondent Nos. 1 and 3; and Mr. B. Deuri, learned Junior Government Advocate for the respondent Nos. 4 and 5.

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The grievance, being sought to be addressed in this petition, is that the petitioner was appointed as Assistant Teacher at Chaboti Welfare M.E School on 13.02.2015, under compassionate ground, pursuant to recommendation of the State Level Committee (SLC), dated 01.04.2014, followed by recommendation of the District Level Committee (DLC), Lakhimpur, dated 10.08.2011. Thereafter, in the year 2017, some incumbents approached this Court by filing WP(C) No. 278/2017 and other connected writ petitions, claiming that in spite of their recommendation by the DLC, Lakhimpur, dated 16.03.2013, the private respondents in the aforementioned WP(C) No. 278/2017 and other connected writ petitions, were appointed on the basis of a fake DLC recommendation, dated 16.03.2013. Accordingly, this Court, vide order dated 28.05.2018, was pleased to set aside the appointment of the private respondents in WP(C) No. 278/2017 and other connected writ petitions. Thereafter, the respondent No. 3, vide letter dated 14.06.2021, directed the Director of Elementary Education, Assam to terminate the service of the petitioner in spite of the fact that the petitioner was neither recommended by the fake DLC, dated 16.03.2013, nor he was a party/respondent in the WP(C) No. 278/2017 and other connected writ petitions. Being aggrieved, the petitioner preferred WP(C) No. 3626/2021, and this Court, vide order dated 10.08.2021, was pleased to stay the order of

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termination. Thereafter, the respondent No. 3, vide letter dated 23.08.2023, directed the respondent No. 4 to convene a DLC meeting afresh on withdrawal of WP(C) No. 3626/2021, and accordingly, the same was withdrawn on 08.09.2023, with liberty to approach again, if so advised. Thereafter, the DLC, Lakhimpur in its meeting, dated 26.10.2023, recommended the name of the petitioner to the SLC for consideration. However, during the pendency of SLC meeting, the Government of Assam came with an O.M. dated 18.09.2024, resolving not to hold any SLC meeting. Being aggrieved, some incumbents filed different writ petitions challenging the said O.M. dated 18.09.2024, and thereafter, this Court, vide order dated 03.04.2025, in WP(C) No. 342/2025, directed to conduct SLC meeting in connection with the pending cases as on 03.04.2025, before this Court. Further, a similarly situated person, for nonconsideration of his case, approached this Court by filing WP(C) No. 5130/2025, and this Court, vide order dated 03.09.2025, had directed to consider the said incumbent and also permitted to submit all particulars pursuant to the notice dated 30.08.2025, and the petitioner being similarly situated with the petitioner in WP(C) No. 5130/2025, has approached this Court for granting similar relief.

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Ms. Chutia, learned standing counsel for the respondent Nos. 1 and 3; and Mr. Deuri, learned Junior Government Advocate for the respondent Nos. 4 and 5 submit that they have no objection in the event of disposing of this petition by directing the respondent authorities to place the matter before the SLC.

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Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record, and also perused the recommendation of the DLC, Lakhimpur, dated 26.10.2023, and also the notice dated 30.08.2025.

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Taking note of the submissions of learned counsel for both the parties, and

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also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by directing the respondent authorities to place the case of the petitioner before the next SLC and on such proposal being placed before the SLC, the SLC shall consider the same, in accordance with law.

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The aforementioned exercise shall be carried out within a period of three months from the date of receipt of certified copy of this order.

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The petitioner shall obtain a certified copy of this order and place the same along with all requisites in terms of the notice dated 30.08.2025, before the respondent authorities within a week from today

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In terms of above, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Mr Diganta Biswas v. the State of Assam and Ors.

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Mr Diganta Biswas v. the State of Assam and Ors.

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