Jangdao Basumatary Vs the Bodoland Territorial Council and 4 Ors.

Heard Ms. K. Devi, learned counsel for the petitioner and Mr. B. Bora, learned Standing Counsel for the respondent Nos. 1, 3, 4 & 5. Also heard Mr. B. Deuri, learned Government Advocate for the respondent No. 2.

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2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the minutes of the meeting of the State Level Committee, dated 04.01.2021, and also the District Level Committee, held on 31.12.2018; and to direct the District Level Committee to correct the date of the application, i.e., 22.05.2017, and after correction of the date of application, to re-submit the same to the State Level Committee, for consideration of the application filed by the petitioner for being appointed against the Grade-IV vacant post of Tamulpur Commerce College (Jr.).

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3. Ms. Devi, learned counsel for the petitioner submits that the father of the petitioner, namely, Babu Ram Basumatary was working as Grade-IV employee of Tamulpur Commerce (Jr.) College and he died in harness on 31.03.2017. After his demise, the petitioner, on 22.05.2017, submitted an application for his appointment on compassionate ground in Grade-IV post, to the Principal, Tamulpur Commerce (Jr.) College. On 13.10.2017, the Principal of Tamulpur Commerce (Jr.) College had forwarded the application of the petitioner to the Inspector of Schools, BDC, Mushalpur, Baksa. Thereafter, on 17.07.2018, the petitioner had submitted one representation through the Principal, to the concerned authorities and thereafter, on

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05.11.2018, the Director of Education Bodoland Council, Kokrajhar, had forwarded the letter to the Inspector of Schools and requested him to place the matter before the next DLC meeting; and on 02.05.2019, the Inspector of Schools, BDC, Mushalpur, informed the Commissioner and Secretary to the Govt. of Assam Education Department, Dispur, regarding the proposal of the petitioner on compassionate ground. Thereafter, on 31.12.2018, the District Level Committee recommended the name of the petitioner for the vacant post of Grade-IV inTamulpur Commerce College (Jr.), Tamulpur; but, inadvertently, the date of application was shown as 05.11.2018, instead of 22.05.2017. Thereafter, the matter was placed before the State Level Committee on 04.01.2021, but, the State Level Committee had rejected the prayer of the petitioner on the ground that the application was not submitted within one year of death of the petitioner's father.

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3.1 Ms. Devi, further submits that in fact, the petitioner had submitted his application on 22.05.2017, but the District Level Committee had committed an error in putting the date of application as ‘05.11.2018’, instead of ‘22.05.2017’ and as such, due to the inadvertent error committed by the District Level Committee, the petitioner suffers from serious prejudice and as such, she has contended to set aside the minutes of the meeting of the State Level Committee, dated 04.01.2021, by which, the case of the petitioner was rejected.

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3.2 Ms. Devi has also drawn the attention of this Court to Annexure-5 of the petition, at page No. 25 and submitted that the Principal of Tamulpur Commerce College (Jr.), Tamulpur had received the application on 22.05.2017 and put his signature and seal thereon, and the said application bears the testimony of filing the application within 1 year of the death of the petitioner’s father.

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3.3 Drawing further attention of this Court to the minutes of the meeting of the District Level Committee, Ms. Devi submitted that the minutes shows the date of application as 05.11.2018, and referring to the minutes of the meeting of the State Level Committee, which is annexed with the petition as Annexure-12, dated 04.11.2021; Ms. Devi further submits that the State Level Committee has rejected the application of the petitioner, on the ground that the application was not submitted within 1 year of death of the father of the petitioner and it was submitted after 1 years 7 months 5 days after his death, and under such circumstances, Ms. Devi has contended to allow this petition, by directing the District Level Committee to make necessary correction in the minutes of the meeting, dated 31.12.2018, by inserting the date of application as ‘22.05.2017’, instead of ‘05.11.2018’, and further, to set aside the impugned resolution of the State Level Committee and to direct the State Level Committee to give a fresh consideration to the prayer of the petitioner.

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4. The learned counsels for the State respondents submits that they have no objection in the event of allowing this application, by directing the District Level Committee, the respondent No.3; to make necessary correction in the minutes of the meeting dated 04.11.2021 and also, directing the respondent No. 2, the State Level Committee; to give a fresh consideration to the case of the petitioner.

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5. Having heard the submissions advanced by the learned counsel for both the sides, I have carefully gone through the petition and the documents placed on record and also perused the impugned minutes of the meeting of the State Level Committee and also of the District Level Committee, dated 04.01.2021 and 31.12.2018, respectively.

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6. Annexure-3, the Death Certificate issued by the Registrar of Births & Deaths, Tamulpur Block, PHC, indicates that the father of the petitioner suffered demise on 31.03.2017, and the Annexure-5, i.e., the application filed by the petitioner to the Principal of Tamulpur Commerce College (Jr.), Tamulpur, for appointing him to Grade-IV post; indicates that the same was filed on 22.05.2017, within two months of the death of his father, namely, Babu Ram Basumatary.

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7. The District Level Committee, in the minutes of the meeting, dated 31.12.2018, reflected the date of application, as 05.11.2018, and thereby committed the error. The State Level Committee, vide its minutes of the meeting, held on 04.11.2021, has rejected the petition of the petitioner, for not availing the same within 1 year of his father’s death. But, having carefully gone through the Annexure-5 of this petition, this Court has no doubt in mind that the application (Annexure-5) was filed on 22.05.2017 and the same bears the seal and signature of the Principal.

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8. Under such circumstances, this Court is inclined to dispose of this petition, by directing the Inspector of Schools, BDC, Mushalpur, Baksa, to place the minutes of the meeting of the District Level Committee, dated 31.12.2018, for necessary correction, in respect of date of application and on such correction being made by the District Level Committee, the respondent No. 3; the District Level Committee shall take necessary steps to forward the same to the State Level Committee, respondent No. 2; and the State Level Committee shall, thereafter, consider the case of the petitioner in accordance with law.

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9. The aforesaid exercise has to be carried out within a period of 4 months from the date of receipt of certified copy of this order. The petitioner shall

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obtain a certified copy of this order and place the same before the respondent authorities, within a period of 1 (one) week from today.

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10. In terms of the above, this petition stands disposed of.

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JUDGE

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Jangdao Basumatary v. the Bodoland Territorial Council and 4 Ors.

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Jangdao Basumatary v. the Bodoland Territorial Council and 4 Ors.

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