Dismissed¶25

Bhaskar Boro v. the State of Assam and 3 Ors.

Gauhati HC11 Mar 2026WP(C)/6009/2017

Case brief

AI extract

What is this about?

Compassionate appointment; death in harness; Chowkidar Grade-IV; Chakrapani M.V School; Boko Educational Block; Kamrup; District Level Committee (DLC); 5% quota; stale claim; delay of 14 years; sense of immediacy lost; State of West Bengal vs. Debabrata Tiwari & Ors., 2025 (5) SCC 712; dismissed for non-prosecution; none appeared on second call; Gauhati High Court; WP(C)/6009/2017; Justice N. Unni Krishnan Nair; order dated 12.03.2026.

What did the court decide?

After a lapse of 14 years from the death of the petitioner's father in harness on 19.03.2011, the crisis occasioned at the time of the death stands overcome and the sense of immediacy for compassionate appointment is lost; the family has sustained without such appointment. ¶22

Bhaskar Boro Vs the State of Assam and 3 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶25

Issue for consideration

Whether the petitioner is entitled to a direction upon the respondent authorities for consideration of his case for appointment on compassionate grounds. +1 more

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Court's answer

The petitioner is not entitled to a direction upon the respondent authorities for consideration of his case for appointment on compassionate grounds at this later stage.

¶24

Ratio / Principle

¶22

Key takeaways

The delay since the death of the petitioner's father renders the claim for appointment on compassionate grounds stale, and such an application cannot now be directed to be considered (relying on State of West Bengal vs. Debabrata Tiwari & Ors., 2025 (5) SCC 712).ratio¶23
As none appeared for the petitioner even on second call, the Court refrained from deciding the writ petition on its merits and dismissed it for non-prosecution.ratio¶25

Detailed headnote1 paragraphs

Gauhati High Court (N. Unni Krishnan Nair, J.), Order dated 12.03.2026 in WP(C)/6009/2017 - Compassionate appointment: Petitioner, son of Late Niranjan Boro, a Chowkidar (Grade-IV) in Chakrapani M.V School under Boko Educational Block, District-Kamrup, who died in harness on 19.03.2011, sought a direction to the respondent authorities to consider his case for appointment on compassionate grounds; his application was filed on 14.06.2011, and the District Level Committee, in its meeting of 29.05.2013, did not recommend the case for want of a vacant post within the 5% compassionate-appointment quota. Held: after a lapse of 14 years the crisis occasioned by the death in harness stands overcome and the sense of immediacy for compassionate appointment is lost; the claim has become stale and cannot now be directed to be considered (relying on State of West Bengal vs. Debabrata Tiwari & Ors., 2025 (5) SCC 712). The petitioner was therefore not entitled to the direction sought. As none appeared for the petitioner even on second call, the writ petition was dismissed for non-prosecution rather than on merits.

Page No.# 1/3

GAHC010260822017

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

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Case No. : WP(C)/6009/2017

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BHASKAR BORO S/O. LT. NIRANJAN BORO, VILL. CHAKRAPANI, P.O. KINANGAON, DIST. KAMRUP, ASSAM.

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VERSUS

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THE STATE OF ASSAM and 3 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPTT., DISPUR, GUWAHATI-6.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER KAMRUPR 4:THE DY. COMMISSIONER KAMRUP R AMINGAON GUWAHATI-31

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Advocate for the Petitioner : MR.H KHAKLAERY, MR.P K DAS,MR.R BAISHYA,MR.S R RABHA

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Advocate for the Respondent : GA, ASSAM, SC, ELEMENTARY EDUCATION

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 12.03.2026

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None appears for the petitioner even on second call.

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Mr. P.K Borah, learned standing counsel, Education Department, Assam, is present.

¶18

The petitioner, in the present writ petition, has prayed for a direction upon the respondent authorities for consideration of his case for appointment on compassionate grounds.

¶19

The father of the petitioner Late Niranjan Boro while working as a Chowkidar, Grade-IV in Chakrapani M.V School under Boko Educational Block, District-Kamrup, had died in harness on 19.03.2011. The petitioner, thereafter, on 14.06.2011, submitted an application for appointment on compassionate grounds. The petitioner, in the present writ petition, has projected that although he had, within the time frame prescribed, submitted his application for appointment on compassionate grounds, the said application was not considered by the constituted committees and accordingly, the petitioner has been deprived of his appointment on compassionate grounds.

¶20

Mr. P K Borah, learned standing counsel, Education Department, Assam, has placed on record the instructions received by him from the jurisdictional District Elementary Education Officer (DEEO) which, on perusal, reveals that the application of the petitioner was placed before the jurisdictional District Level Committee (DLC) in its meeting held on 29.05.2013. However, the case of the petitioner was not recommended for the reason that there was no vacant post available within the 5% quota mandated for appointment on compassionate grounds. A copy of the relevant portion of the minutes of the meeting of the jurisdictional District Level Committee (DLC) has also been brought on record, which has been perused.

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¶22

The father of the petitioner, admittedly, had died on 19.03.2011 and the petitioner had submitted his application on 14.06.2011. After a long lapse of 14 (Fourteen) years, since the date of death of the father, the crisis that had occasioned at the time of death of the father in harness i.e. on 19.03.2011 is found to have been overcome and the sense of immediacy for effecting appointments on compassionate grounds, in respect of the petitioner, is found to have been lost. The family is found to have sustained, despite the fact that neither the petitioner nor any other family member, was accommodated against a Government post by extending to them appointment on compassionate grounds.

¶23

The delay occasioning in the matter since the date of death of the father of the petitioner, has rendered the claim of the petitioner for appointment on compassionate grounds to be a stale one. Such application would not now be permissible to be directed to be for considered for appointment on compassionate grounds [Refer: State of West Bengal vs. Debabrata Tiwari & Ors. reported in 2025 (5) SCC 712 ].

¶24

In view of the above discussion, this court is of the considered view that the petitioner, herein, is not entitled to a direction upon the respondent authorities for consideration of his case for appointment on compassionate grounds at this later stage.

¶25

As none has appeared on behalf of the petitioner even on second call, this Court refrains from dismissing the present writ petition on its merits and the present writ petition stands dismissed for non-prosecution.

¶26

JUDGE

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Comparing Assistant

Bhaskar Boro v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Bhaskar Boro v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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