VETSTAL RIO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Mr. Likhase, learned counsel for the petitioner, Also heard Ms. Inaholi, learned Government Advocate appearing for the respondent No. 1 to 3 and Mr. N. Longkumer, learned counsel for the respondent No.4.

(2.) THE petitioner's case, in brief, is that having learnt that a post of Primary Teacher at Government Primary School (GPS), Chozuba Village 'A' had fallen vacant due to the retirement of the incumbent, the petitioner who was educated unemployed applied for the said post. The petitioner's application shows that the Government has not advertised for filing up of the said post. The petitioner was also professionally trained in PSTE at DIET, Pfutsero and also had 5 years experience in teaching in Primary School. The petitioner's further case is that as per the Notification dated 04.01.2008 issued by the Government of Nagaland, Education Department, the minimum educational qualification for primary Teacher was P.U/10+2/PSTE. The petitioner had completed P.U (Arts). The petitioner thereafter on coming to learn that the respondent No.4 had been approved for appointment as Primary Teacher at GPS, Chozuba Village 'A' vide letter dated 05.09.2011 issued by the Under Secretary to the Government of Nagaland, the petitioner filed W.P.C No. 267(K) of 2011 challenging the letter dated 05.09.2011 on the grounds that the respondent No.4 did not have the required qualification of PSTE which was an essential requirement for appointment to the said post. Petitioner's counsel submits that during the proceeding of W.P.C No. 267(K) of 2011, the petitioner was given verbal assurance that her case would be considered by the State respondents on the condition that the petitioner withdraws her case. On the prayer of the petitioner, W.P.C No. 267(K) of 2011 was allowed to be withdrawn by this Court vide order dated 15.05.2013 with liberty to file afresh. Petitioner's counsel further stated that the respondent No.4 thereafter wrote a letter to the Department stating that since the petitioner had withdrawn W.P.C No. 267(K) of 2011, the approval letter dated 05.09.2011 should be considered for appointment of the respondent No. 4 for the said post. According to the petitioner, the State respondents thereafter started processing the file of the respondent No.4 for appointment to the post of Primary Teacher, GPS, Chozuba Village 'A'. Due to the above reason the petitioner has filed the present writ petition praying for a direction to set aside and quash the impugned letter dated 05.09.2011 and to consider the petitioner for appointment to the post of Primary Teacher as she is qualified for the said post. The case of the petitioner is that the minimum required qualification for appointment to the post of Primary Teacher is as per the Notification dated 04.01.2008 and as the respondent No.4 did not have PSTE qualification, the approval letter dated 05.09.2011 should be set aside and quashed.

(3.) MS . Inaholi, learned Government Advocate for the respondent No. 1 to 3 submits before this Court that no advertisement was issued for filing up the post of Primary Teacher at GPS, Chozuba Village, 'A'. The State counsel has submitted that the respondent No. 4 has been only approved for appointment vide letter dated 05.09.2011 with the condition that the respondent No.4 will undergo PSTE course from the date of the appointment to the said post. Mr. N. Longkumer, learned counsel for the respondent No. 4 has stated that no advertisement was issued for the said post by the Government. He has further stated that subsequent to the Notification dated 04.01.2008, another Notification dated 27.10.2008 was issued by the Additional Chief Secretary to the Government of Nagaland wherein the qualification required was relaxed in respect of the person who did not have PSTE qualification. Clause -iii of the Notification dated 27.10.2008 stated as follows: -