(1.) Heard Mr. M. Sarania, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned State counsel, appearing for the respondent No.1 and 6, Mr. N. Sarma, learned standing counsel, Education (Elementary) Department, appearing for the respondent Nos.2 and 3 and Mr. M. Khataniar, learned standing counsel, BTC, appearing for the respondent Nos.4, 5 and 7.
(2.) The father of the petitioner, namely, Khagen Ch. Das, while serving as an Assistant Teacher in 95 No. Sonmahari L.P. School, died in harness on 26.08.2010, leaving behind his wife, three sons and a daughter. The petitioner belongs to Koch Community, which is recognized as an Other Backward Class (OBC). He had submitted an application on 20.12.2010 for appointment under 5% reserved quota for appointment on compassionate ground under the Office Memorandum dated 09.09.1983.
(3.) From the minutes of the District Level Committee (DLC), constituted pursuant to the judgment of this Court in the case of Achyut Ranjan Das Vs. State of Assam and Ors., reported in 2006 (4) GLT 674, to consider the cases of compassionate appointment at the first instance, it appears that the DLC had considered 24(twenty-four) applicants including the petitioner, who had applied for the post of Assistant Teacher in Primary School, which is a Grade-III post, against 43(forty-three) numbers of vacancy under the District Elementary Education Officer, Baksa. The DLC had recommended 3(three) candidates including the petitioner, whose position is reflected at serial No.1. The recommendations were considered by the State Level Committee (SLC) in its meeting held on 01.04.2014, which is also constituted in terms of the judgment rendered in Achyut Ranjan Das (supra). The minutes of the said meeting was circulated on 15.07.2014. The SLC rejected the case of the petitioner as being under qualified and not having required percentage. Against this decision rejecting the application of the petitioner for compassionate ground, this present writ petition is filed.