Point of Law: The ceiling of 5% of direct recruitment vacancies for making compassionate appointment should not be exceeded.

JUDGMENT

(S.P. Khaund, J.)

1. Heard Mr. I. Alam, learned counsel for the appellant. Also heard Ms. R.B. Bora, learned Govt. Advocate for respondent No. 3 and Mr. S. Chutia, learned Standing Counsel, Elementary Education.

2. This writ appeal is preferred against the order dated 05.06.2023 passed by the learned Single Judge in connection with WP(C) No. 2126/2023. The appellant is Rajib Roy and the respondents are the State of Assam; the Director, Elementary Education; the Deputy Commissioner; the District Elementary Officer; the Deputy Inspector of Schools and the Block Elementary Officer and are arrayed as Respondent Nos. 1, 2, 3, 4, 5 and 6 respectively.

3. The brief facts of the case is that the appellant is the son of Late Motilal Roy who was working as an Assistant Teacher of Umarpur M.E. School, under Block Elementary Education Officer, Badarpur Block of Karimganj district. The appellant’s father died in harness on 25.11.1992. The appellant was only 3 years old when his father passed away and so he was unable to approach the respondent authority for compassionate appointment. However, his mother Smt. Asha Rani Roy submitted her application before the District Elementary Education Officer, Karimganj on 18.10.1999 for appointment on compassionate ground as a widow of the deceased employee. On 31.07.1999 another application was submitted through proper channel and on proper format as per government guidelines prevailing at that time, but the application submitted by the appellant’s mother was never considered. It is submitted that as the appellant’s father was the sole bread winner of the family, the appellant had to endure difficulties after his father’s demise. Meanwhile, the appellant cleared his Higher Secondary Examination in the year 2010 but could not pursue further studies due to financial hardship. The appellant completed his D.El.Ed in the year 2019 from the National School of Open Schooling and is at present eligible for the post of Teacher in ME School. The appellant also belongs to the Scheduled Caste category.

4. On attaining majority, the appellant submitted an application before the respondent No. 6 for appointment on compassionate ground in the year 2011 through respondent No. 7 (BEEO), Badarpur which was duly acknowledged on 20.08.2011 and forwarded to the respondent No. 6 vide Memo No. 159 dated 20.06.2011. The appellant’s application was placed before the District Level Committee on 28.06.2013 but the District Level Committee rejected the application on the ground of late submission. Thereafter on 21.11.2022 the appellant submitted another application before the Deputy Commissioner (DC in short), Karimganj. The DC is also the Chairman of the District Level Committee (DLC in short). The appellant also appended the decision of this Court in WP(C) No. 2991/2022 along with his application. The appellant was expecting that his case would have been considered by the DLC but to his dismay, his application was rejected in the meeting held on 06.02.2023, on the same ground of late submission of application. The appellant was not even informed about the decision of the DLC and he again approached the authority by filing a petition for compassionate appointment. The representations before the respondent authority were made by the appellant on compassionate ground as the appellant has no source of income to maintain his family.

5. The appellant had prayed before the learned Single Judge to set aside and quash the decision of the DLC dated 06.02.2023. The appellant had also prayed for a direction to the respondent authority for consideration of his case in the next DLC meeting. It has been admitted by the appellant that his mother submitted her application for compassionate appointment on 18.09.1994 in accordance with the OM of 1983, which had no prescribed time limit for application under compassionate appointment.

6. The learned Single Judge directed the appellant to furnish information of the status of the applicati