HEISAR PASSAH Vs. STATE OF MEGHALAYA.

JUDGEMENT

(1.) Heard Mr. M.F. Qureshi, learned counsel for the petitioner, Mr. K.P. Bhattacharjee, learned GA for the respondent No. 1-3 and Mr. L. Shongwan, learned counsel for the respondent No. 4.

(2.) The brief facts leading to the filing of the writ petition is that the petitioner had completed the course of Ophthalmic Assistant in the year 2004 on being nominated by the Health and Family Welfare Department, Government of Meghalaya. On 02.02.2015, he had submitted an application in a prescribed form for the post of Ophthalmic Assistant on having information about the vacancy of a post and the same has been kept pending on the ground that there was no vacancy. The further case of the petitioner is that while he has been made to wait for almost 15(fifteen) years for the post of Ophthalmic Assistant while the respondent No. 4 a non-technical employee was given appointment to the post of Ophthalmic Assistant under the District Medical and Health Officer, West Jaintia Hills, Jowai on 27.05.2010. As such, stating that he has been discriminated, inasmuch as, he has completed his diploma course of Ophthalmic Assistant and not given employment he has filed the instant writ petition before this Court.

(3.) Learned counsel for the petitioner submits that in the backdrop of the facts of the case, a mandamus should be issued, considering and recommending the petitioner for appointment to the post of Ophthalmic Assistant and also for setting aside the appointment of unqualified candidates who are holding the post of Ophthalmic Assistant under the State respondents such as the respondent No. 4. He further submits that the age requirement be relaxed so as to enable the petitioner to be eligible for future appointment.