SYED SAMSUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE question raised in this writ petition is as to whether the sons and daughters of retired L.P. School teachers are entitled to be considered for appointment against 10% quote of vacancies in the post of L.P. School teachers as per policy of the Government of Assam whether to going through the process of selection for the purpose of such appointment. While admitting the writ petition, by order dated 5.1.2000, same was directed to be listed along with Civil Rule No. 4740/ 98.

(2.) MR . A.S. Choudhury, learned senior counsel appearing on behalf of the writ petitioners in both the cases strenuously urged that having regard to the policy decision of the Government towards reservation of 10% vacancies of L.P. School teachers for the sons and daughters of the retired L.P. School teachers, those vacancies are required to be filled up against the quota prescribed and there is no question of any detailed procedure of selection etc. Advancing his argument, the learned senior counsel submitted that the Principle involved for compensation appointments are equally applicable towards appointments of the sons and daughters of the retired School teachers. According to Mr. Choudhury, the L. P. School teachers are lowly paid employees and the Government having regard that aspect of the matter in its wisdom formulated the policy of appointment of their sons and daughters after their retirement from service on attaining the age of superannuation prescribing a particular quota/reservation.

(3.) THE learned State counsel appearing for the respondents submitted that in view of the policy decision holding that the operation of the quota would require the petitioners to be a selected candidate which admittedly they are not, the writ petitions do not merit any consideration and the same are liable to be dismissed.