Moumita Suklabaidya vs State Of Assam And 4 Ors.

Heard Mr. SU Ahmed, learned counsel for the petitioner. Also heard Mr. N Sarma, learned Standing counsel Elementary Education Department as

well as Mr. K Nayak, learned State counsel for respondent Nos.1 and 4.

The mother of the petitioner who was working as an Assistant Teacher at 655 Khaspur Bagerkana LP School under the BEEO, Udharband in the

district of Cachar died in harness on 27.10.2009. On her death, the petitioner submitted an application for compassionate appointment on 15.06.2010.

The said application of the petitioner was given a consideration by the DLC of Cachar district in its meeting held on 23.12.2014. As per the

recommendation of the DLC, 91 vacant posts of Assistant Teacher of the LP School were available and, according to the DLC, 5% thereof was

taken to be 4(four) posts which were available for compassionate appointment. Accordingly, the petitioner was recommended against one of the four

posts which according to the DLC was available for compassionate appointment. When the matter was placed before the SLC, the claim of the

petitioner was rejected by stating it to be under qualified/lack of vacancy/due to lack of valid documents. The recommendation does not indicate as to

whether the petitioner was rejected for all the three grounds or for any of the three grounds indicated therein.

Mr. K Nayak, learned State counsel has produced a communication dated 16.03.2018 of the Under-Secretary to the Govt. of Assam in the

Elementary Education Department. The said instruction reads as follows:

“The District Level Committee, Cachar in its meeting dated 23.12.2014 recommended the case of the petitioner along with other cases for

consideration on appointment as LP Teacher against 91 Nos. vacant post during the year 2014. But vacancies upto the year 2014 which were already

filled-up against 5% quota for appointment on compassionate ground in the SLC meeting held on 25.06.2015.â€​

From the said communication, it is apparent that the recommendation of the DLC made in favour of the petitioner was never considered by the

SLC earlier and the SLC had utilized the four vacancies for the year 2014 in respect of Cachar district for filling up of vacancies on compassionate

ground of some other candidates. It is not known who were the candidates, who were recommended by the SLC earlier in its meeting of 16.06.2016.

A plain reading of the instruction makes it apparent that definitely the said candidates were not the candidates recommended by the DLC in its

meeting held on 23.12.2014. Other than that, the SLC does not indicate in any manner that the recommendation of the DLC for appointment on

compassionate ground in the meeting held on 23.12.2014 is incorrect.

In such view of the matter, the stand taken by the SLC in their minutes dated 16.06.2016 is found to be unacceptable. Accordingly, the matter is

remanded back to be placed before the next available SLC for a fresh consideration to the recommendation of the DLC made in favour of the

petitioner in its meeting held on 23.12.2014 and to consider the case of the petitioner against the vacancies indicated in the recommendation of the

DLC.

Accordingly, the Commissioner and Secretary to the Govt. of Assam in the Elementary Education Department shall do the needful to place the

recommendation of the DLC dated 23.12.2014 before the next available SLC.

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

A copy of the communication dated 16.03.2018 is kept as part of the record.