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2018 DIGILAW 1479 (GAU)

Rabia Begum v. State of Assam

2018-10-03

ACHINTYA MALLA BUJOR BARUA

body2018
JUDGMENT : Achintya Malla Bujor Barua, J. Heard Mr. M.H. Choudhury, learned counsel for the petitioner. Also heard Ms. D.D. Barman, learned Additional Senior Govt. Advocate appearing for the authorities in the Elementary Education Department of the Govt. of Assam. 2. The husband of the petitioner who was serving as the Headmaster of Bordolong J.B. L.P. School, died-in-harness on 20.05.2013, leaving behind his three school going children and also his wife, who is the present petitioner. The petitioner on his death submitted an application for compassionate appointment on 02.08.2013. The said application was given consideration by the DLC of Nagaon district in its meeting held on 09.01.2015. By the said meeting, the petitioner although wrongly written as Rabia Khatun instead of Rabia Begum was recommended for a post of teacher in an L.P. School. When the recommendation of the DLC was placed before the SLC in its meeting held on 20.07.2017, the claim of the petitioner was rejected on the ground of having insufficient qualification. 3. It is stated that for appointment as a school teacher, the requirement is that the incumbent has at least 50% marks in the qualifying examination. On an examination of the mark sheet of the qualifying examination of the petitioner, it is taken note of that the petitioner has the qualification of senior secondary examination from the North East National Board of School Education. An objection has been raised that the North East National Board of School Education is not a recognized board to award such certificate and therefore, the petitioner does not have the qualification. 4. Be that as it may, it is also taken note of that the petitioner had passed her High School Leaving Certificate examination from the Board of Secondary Education, Assam and to that extent, there is no dispute between the parties. 5. In view of the above, although the qualification of the petitioner under the North East National Board of School Education was found to be unacceptable, but it is an admitted position that the qualification of the petitioner of matriculation under the SEBA is recognized. 6. 5. In view of the above, although the qualification of the petitioner under the North East National Board of School Education was found to be unacceptable, but it is an admitted position that the qualification of the petitioner of matriculation under the SEBA is recognized. 6. In such view of the matter, it is provided that the claim of the petitioner for compassionate appointment shall again be placed in the next available DLC of Nagaon district and the DLC shall consider the petitioner against any available vacant post to which she may be eligible as per her qualification of matriculation from SEBA. 7. In terms of the above, the writ petition is partially allowed to the extent that her claim be again placed before the next available DLC of Nagaon district to consider her claim for compassionate appointment on the basis of her qualification of matriculation.