LAWS(GAU)-2023-9-60

T. LEMBA PHOM Vs. STATE OF NAGALAND

Decided On September 21, 2023
T. Lemba Phom Appellant
V/S
STATE OF NAGALAND Respondents

JUDGEMENT

(1.) Heard Mr. Tongpok Pongener, learned counsel for the petitioner and also heard Ms. Livika, learned State counsel for the State respondents.

(2.) By filing this writ petition, the petitioner has prayed for a direction to the respondent authority to consider for regularization of his service with retrospective effect from the date of initial appointment, i.e. 20/6/2011 with all consequential benefits. The petitioner also challenges the requirement of 45% marks in degree course for Graduate Teacher prescribed in the advertisement dt. 20/11/2023 on the ground that no such requirements is prescribed in the State Government notifications/Rules and the National Council for Teacher Education.

(3.) The case projected by the petitioner is that the Directorate of School Education, Nagaland published an advertisement bearing No. ED/ADMN/1/2009-10 dt. 20/11/2009 inviting application from eligible indigenous inhabitants of Nagaland for filling up of posts of Graduate Teachers and Primary Teachers in the Government Middle School and Government Primary School under the Government of Nagaland for the posts created vide Government Notification No. EDS/SSA-CPA/009-2008(I) dtd. 20/10/2009 and No. EDS/SSA-CPA/009-2008(II) dtd. 20/10/2009. In the said advertisement, besides posts for other Schools, 2 (two) posts of Mathematics Teacher were published for the district of Longleng, one under GMS, Orangkong-'A' and the other at GMS, Yongam. The minimum qualification for the Graduate Teachers (non-gazetted) is B.A./B.Sc/B.Com from a recognized University securing not less than 45% of marks with B.Ed and the post specification for Mathematics is B.Sc with Mathematics, Physics and Chemistry.