Dismissed¶31

Md. Baharul Islam v. the State of Assam and 3 Ors.

Gauhati HC10 Feb 2026WP(C)/2560/2024

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/2560/2024; compassionate ground appointment; Grade IV Chowkidar; Grade III adjustment; graduate petitioner; representation dated 19.12.2023; Director of Elementary Education; no mandamus to frame or amend rules; creation of promotional avenues; writ court cannot issue advisory sermons to executive; executive domain; writ petition dismissed; Kardak Ete, J.; 11.02.2026.

What did the court decide?

No substantive relief; the respondent authorities were left free, on their own wisdom, to consider and dispose of the petitioner's representation dated 19.12.2023. ¶31

Md. Baharul Islam Vs the State of Assam and 3 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; the respondent authorities were left free, on their own wisdom, to consider and dispose of the petitioner's representation dated 19.12.2023.

¶31

Issue for consideration

Whether a direction can be issued to the respondent authorities to adjust the petitioner, appointed as Grade IV (Chowkidar) on compassionate ground, in any Grade III post in the Department of School Education commensurate with his educational qualification, or to dispose of his representation dated 19.12.2023. +1 more

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Court's answer

The writ petition, being in substance a request to frame rules and create promotional avenues after the petitioner had accepted appointment as Grade IV (Chowkidar) on compassionate ground, has no merit and stands dismissed; however, the respondent authorities may, on their own wisdom, consider and dispose of the representation dated 19.12.2023.

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Ratio / Principle

No direction can be issued to frame Rules, Act, amend or to create promotional avenues, as such a matter would not come within the ambit of the Writ Court.

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Key takeaways

It is neither legal nor proper for the Court to issue directions or advisory sermons to the executive in respect of the sphere exclusively within the domain of the executive under the Constitution; consequently no mandamus can be issued for amendment or framing of rules or creation of promotional avenues.ratio¶30

Detailed headnote1 paragraphs

Gauhati High Court (Kardak Ete, J.), WP(C)/2560/2024, decided 11.02.2026 — The petitioner, appointed Grade IV (Chowkidar) in an Upper Primary School on compassionate ground on 20.08.2021 following the death in harness of his father, a Head Master, sought a direction for adjustment in any Grade III post commensurate with his graduation, or disposal of his representation dated 19.12.2023. Held: the petitioner was in substance seeking a direction to amend or frame Rules for Grade III appointment and to create promotional avenues; no mandamus can be issued to frame or amend rules or to create promotional avenues, as such matters lie exclusively within the executive's domain and courts cannot issue advisory sermons to the executive. Writ petition dismissed; the respondent authorities remain free to consider the representation on their own wisdom.

Page No.# 1/4

GAHC010096322024

2026:GAU-AS:1890

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

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Case No. : WP(C)/2560/2024

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MD. BAHARUL ISLAM

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SON OF LATE NURUL ISLAM, RESIDENT OF KUNWARPUR SENSUA P.O. CHAULKARA PIN- 785640, DISTRICT- SIVASAGAR, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19 ASSAM 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR ASSAM- 785640

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4:THE BLOCK ELEMENTARY EDUCATION OFFICER DEMOW BLOCK SIVASAGAR ASSAM- 78566

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Advocate for the Petitioner : MR. A JAHID, MR N SARMA

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Advocate for the Respondent : SC, ELEM. EDU,

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Page No.# 2/4

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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11.02.2026

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Heard Mr. N. Sarma, learned counsel for the petitioner. Also Heard Mr. A. Phukan, learned Standing Counsel, Elementary Education Department for all the respondents.

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By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to consider for adjustment of the petitioner in any Grade- III post in the Department of School Education commensurate with his education qualification or to dispose of the representation dated 19.12.2023 submitted by the petitioner.

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The petitioner was appointed in the Upper Primary School as Grade IV (Chowkidar) by the Director, Elementary Education, Assam on 20.08.2021 on compassionate ground.

¶21

The father of the petitioner, Late Nurul Islam had died in harness on 17.10.2010 while serving as Head Master of 15 No. Chaulkara L.P. School, Sivasagar, Assam. The petitioner being eligible for appointment on compassionate ground filed an application on 26.11.2010 pursuant to which the District Level Committee and State Level Committee have considered, however, deferred the same on the ground of non availability of the HSSLC mark sheet of the petitioner.

¶22

Being aggrieved, the petitioner approached this Court by filing a writ petition being WP(C) No. 5467/2016. This Court has disposed of the writ petition with a direction to place the application of the petitioner in the next SLC meeting. Accordingly, the SLC in its meeting held on 28.12.2020 recommended the name of the petitioner for appointment in Grade-IV (Chowkidar) post in Upper Primary School and accordingly, he was appointed on compassionate ground in the said post.

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Page No.# 3/4

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It is the case of the petitioner that at the time of consideration of his case for appointment on compassionate ground, he was qualified to be appointed against the Grade III post. However, as the petitioner was suffering from financial hardship, he had no other option but to accept the appointment on Grade-IV post. Thereafter, the petitioner submitted a representation dated 19.12.2023 before the Director of Elementary Education to adjust him in any Grade III post commensurate with his qualification, as he being a graduate, the post of Grade - IV in which he is serving is not befitting. Therefore, the authorities may be directed to consider for adjustment of his service against any Grade- III post as his deceased father was serving in the Grade - III post as Head Master of the school.

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Upon consideration of the pleadings in the writ petition and the submission of Mr. N. Sarma, learned counsel for the petitioner, it appears that the petitioner is indirectly seeking a direction to amend or frame Rules for appointment in the Grade III post after accepting his appointment as Grade IV post, that too, on compassionate ground. It also reflects that the petitioner is seeking a direction for creation of promotional avenues as the petitioner had submitted that there are no promotional avenues from the post of Grade IV, after having been accepted his appointment on compassionate ground.

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I am afraid, such prayer would come within the ambit of a Writ Court as no mandamus can be issued for amendment or framing of any rules or to create any promotional avenues. Undisputedly, the petitioner has applied for appointment on compassionate ground on account of the death of his father who had died in harness while serving as Head Master of the school. When the grievance was not considered, he had approached this Court by filing the writ petition (supra) whereby this Court has directed to place the case of the petitioner in the State Level Committee meeting for consideration of appointment on compassionate ground.

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Pursuant thereto, the case of the petitioner has been considered and

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Page No.# 4/4

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recommended and consequently, the petitioner has been appointed as Grade IV (Chowkidar) post which he had accepted and stated to be serving in the said post.

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Having considered above, this Court is of the considered view that no direction can be issued to frame Rules, Act, amend or to create any promotional avenues as the same would not come within the ambit of Writ Court, as it is well settled that it is neither legal nor proper for the Court to issue directions or advisory sermons to the executive in respect of the sphere exclusively within the domain of executive under the Constitution.

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Thus, I find no merit in the writ petition and accordingly, the writ partition stands dismissed. However, it is provided that the respondent authorities on their own wisdom may consider and dispose of the representation dated 19.12.2023 submitted by the petitioner.

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JUDGE

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Comparing Assistant

Md. Baharul Islam v. the State of Assam and 3 Ors.

Case brief

What is this about?

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Md. Baharul Islam v. the State of Assam and 3 Ors.

Case brief

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What the court decided

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