JUDGMENT & ORDER : Heard Mr. B Malakar, learned counsel for the petitioner. Also heard Mr. N Pathak, learned Standing counsel for the Education Department. 2. The father of the petitioner, who was serving as an Assistant Teacher in No.425 Akbarpur LP School, in Karimganj district died in harness on 25.08.2004. Accordingly, the petitioner submitted an application dated 15.09.2004 for compassionate appointment. Although the application of the petitioner dated 15.09.2004 states that he applies on compassionate ground for appointment as LP School Teacher, but under the law, the applicant for compassionate appointment is required to make an application only for appointment on compassionate basis and not for a specific post. 3. The case of the petitioner was recommended in the minutes of the DLC of Karimganj district held on 17.06.2013. At Clause 16 of the said recommendation, the name of the petitioner had been recommended in Sl.No.12, against the vacancies of the year 2012. It is stated by the learned counsel for the petitioner that in spite of such recommendation by the DLC, the case of the petitioner had not been placed before the SLC. 4. In the affidavit of the Commissioner and Secretary to the Govt. of Assam in the Elementary Education Department, in paragraph 4, it has been stated that the petitioner is not eligible for appointment as Assistant Teacher as he is not qualified for the purpose. It is stated that under the NCTE Notification dated 23.08.2010, the minimum qualification for appointment as Assistant Teacher is Senior Secondary passed or its equivalent with 50% marks. Further the qualification also requires that the incumbent should have passed the Teacher Eligibility Test (TET) as well as the 2(two) year diploma in elementary education. 5. The aforesaid reasons stated by the Commissioner and Secretary, Elementary Education cannot be a ground for not placing the recommendation made in favour of the petitioner by the DLC before the SLC. 6. Further the reasons stated by the Commissioner and Secretary is also found to be inadequate for not forwarding the case of the petitioner to the SLC. Although in the end of paragraph 4 of the said affidavit, a stand has been taken that the case of the petitioner was rightly rejected by the SLC, but other than a mere reference, the Commissioner and Secretary neither refers nor produces any order of the SLC by which the case of the petitioner was rejected. Although in the end of paragraph 4 of the said affidavit, a stand has been taken that the case of the petitioner was rightly rejected by the SLC, but other than a mere reference, the Commissioner and Secretary neither refers nor produces any order of the SLC by which the case of the petitioner was rejected. All the reasonings given by the Commissioner and Secretary, making the petitioner ineligible for getting appointment is unreasonable, as it transpires from the averments made in paragraph 4 of the affidavit. 7. As already stated, an application for compassionate appointment is made for appointment on compassion against any available post for which the incumbent may be suitable and duly qualified. It is not that merely because it is stated in the application that the application is for the post of LP School Teacher, the incumbent may be appointed only as LP School Teacher and nothing else. 8. In such view of the matter, this Court deems it appropriate that the recommendation of the petitioner by the DLC be placed before the SLC for its appropriate consideration as to whether the petitioner is entitled to compassionate appointment against any of the available vacant post. Accordingly, the case of the petitioner be placed before the SLC in its next meeting. 9. In terms of the above, this writ petition stands disposed of.