SADDAM HUSSAIN Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2017-8-11
HIGH COURT OF MEGHALAYA
Decided on August 17,2017

Saddam Hussain Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

V.P.Vaish - (1.)The petitioner has filed the present petition, inter alia, seeking the following relief:-
"In the premises aforesaid, it is most respectfully prayed that Your Lordship would graciously be pleased to admit this writ petition, issue a rule calling upon the respondents to show cause as to why a writ in the nature of Mandamus or Certiorari, and/or any other appropriate writ, order or direction should not be issued, directing the respondent authority to appoint the Petitioner as L.P. School Teacher being qualified to hold the post as per the norms/criteria as prescribed in the Circular dated. 01-04-2015, and/or as to why the direction should not be issued to the State Respondent to not extend the service of the Private Respondent, and/or as to why any candidate who fulfils the NCTE Norms and Office Circular dated. 01-04-2015 should not be considered for appointment to the Post of L.P. School Teacher in any Govt. L.P.School, and should not be considered even in Temporary Post of L.P. School Teacher, and show cause, if being filed and after hearing the parties, make the rule absolute and/or may pass such other or further orders or Direction as your Lordship may deem fit and proper."

(2.)The case of the petitioner is that he is a candidate having passed S.S.L.C., H.S.S.L.C, B. Sc (Maths) and also completed B. Ed. and as such he is duly qualified to hold the post of L.P. School Teacher as per the office circular dated 1st April, 2015 and the petitioner also possess five years teaching experience.
(3.)It is stated that one post of Government L.P. School Teacher fell vacant on retirement of Smti Shadana Barman of Mondolpara Government L.P. School and the petitioner applied for the said post. The respondent, Director of School Education and Literacy, Meghalaya, Shillong approved the appointment of the petitioner vide letter No. DSEL/EL/GA/APPT/2/2015/242, dated 22nd December, 2015. It is also stated that respondent No. 5 was appointed on a temporary basis for 59 days as L.P. School Teacher of Mondolpara Government L.P. School, though, he is not qualified in terms of Govt. circular dated 1st April, 2015.


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