CHANDAN BORUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Hoque, learned counsel for the petitioner. Also heard Mr. Girin Pegu, learned counsel for the respondents No. 1 and 3 being the SLC and DLC and Mr. A. Phukan, learned counsel for the respondents No. 2 and 4 being the authorities under the Elementary Education Department.

(2.) The mother of the petitioner Basanti Boruah who was an Assistant Teacher in the Biya Koruwa L.P. School in the Golaghat district died in harness on 12/03/2015. On her death, the petitioner submitted an application for compassionate appointment on 20.09.2016. The said application was placed before the DLC of Golaghat district and by the minutes dated 17.10.2017, the petitioner was recommended for the post of Assistant Teacher in an upper primary school. When the recommendation of the DLC was placed before the SLC in its meeting held on 28.12.2020, the claim of the petitioner stood rejected on the ground of non-availability of NCTE norms as well as that the petitioner does not come under the purview of Office Memorandum No. AEE.377/2016/23 dated 02.06.2017. Although the petitioner was recommended for the post of Assistant Teacher in an upper primary school, it is apparent that the SLC had rejected him as because he does not have the required educational qualification for the post of Assistant Teacher in an upper primary school as provided by the NCTE. As regards the ground of rejection of the claim of the petitioner for not having the NCTE norms, Mr. N. Hoque, learned counsel for the petitioner refers to the Office Memorandum dated 16.05.2012 of the Commissioner and Secretary to the Govt. of Assam in the Elementary Education Department.

(3.) As per the said Office Memorandum, the minimum qualification required for appointment as Assistant Teacher in Elementary school on compassionate ground was provided which is extracted as below:-