GAUHATI HIGH COURT ISSUES ORDER ON HANIF MD IBRAHIM V/S THE STATE OF ASSAM AND ORS

GUWAHATI, India, Jan. 6 -- Gauhati High Court issued the following order on Dec. 5:

1. Heard Mr. N. Sarma, learned counsel for the petitioner; Mr. G. Pegu, learned Additional Senior Government Advocate for the respondent Nos. 1, 2 & 5; and Mr. P.K. Borah, learned standing counsel for the Elementary Education Department, being respondent Nos. 3 & 4.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to consider his case for being appointed on compassionate ground.

3. Mr. Sarma, learned counsel for the petitioner submits that the father of the petitioner, namely Late Abdus Sabur Miah, was serving as Arabic Teacher of Geramari ME School, under the District Elementary Education Officer, Dhubri (DEEO hereinafter), in the District of Dhubri and he died in harness on 16.09.2008, i.e. prior to 01.04.2017. Thereafter, the petitioner had applied for being appointed under compassionate ground on 27.02.2009, before the DEEO, as per the prevailing norms in the State and in the year 2005, the petitioner passed B.A. (Arts) examination.

3.1. Thereafter, the DEEO had placed the proposal of the petitioner before the District Level Committee (DLC hereinafter). But, the DLC, in its meeting held on 14.06.2010, had rejected the prayer of the petitioner. Being aggrieved, the petitioner had approached this Court by filing a writ petition, being W.P(C) No. 2532/2013, praying for setting aside the said minutes of the meeting of the DLC and vide order dated 07.04.2016, the said writ petition was disposed of by setting aside the minutes of the DLC meeting dated 14.06.2010 and also directed the petitioner to submit a fresh representation.

3.2. Thereafter, the DEEO had placed the proposal of the petitioner before the DLC and in its meeting held on 22.09.2021, the same was rejected. Being aggrieved, the petitioner had again approached this Court by filing a writ petition, being W.P(C) No. 5918/2023, praying for setting aside the DLC minutes of the meeting dated 22.09.2021 and vide order dated 08.12.2023, the said writ petition was disposed of by setting aside the DLC minutes and remanded the matter back to the DLC for fresh consideration.

3.3. Mr. Sarma also submits that the petitioner had submitted a representation, along with the certified copy of the order of this Court, on 18.12.2023, before the then Deputy Commissioner, Dhubri (DC hereinafter). But, in the mean time, the Commissioner and Secretary to the Government of Assam in the Personnel (B) Department had issued the Office Memorandum (OM hereinafter) dated 18.09.2024 and on 20.09.2025, the petitioner came to know from the recommended candidates of Dhubri district about the subsequent rejection of his claim by the DLC dated 22.05.2024, on the ground of not having the requisite percentage of marks in HSLC and HS for appointment to the applied post. But, the authority did not communicate the said rejection order to the petitioner.

3.4. Mr. Sarma further submits that the petitioner also came to know that the case of one Hanif Ali Mondal was also rejected in the same DLC meeting, due to not having requisite percentage of marks in B.A. But, subsequently, his proposal was recommended by the DLC by way of a corrigendum, dated 07.10.2025, issued by the DC, i.e. after issuance of OM dated 18.09.2025 and execution order dated 30.08.2025.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4iD5PlJTKQ8s%2BSjAiAqo6DVeUuH4IzJk2JXJtlw9hIW&caseno=WP(C)/6896/2025&cCode=1&cino=GAHC010268722025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.