RABIA BEGUM Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-10-19
HIGH COURT OF GAUHATI
Decided on October 03,2018

RABIA BEGUM Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. M.H. Choudhury, learned counsel for the petitioner. Also heard Ms. D.D. Barman, learned Additional Senior Govt. Advocate appearing for the authorities in the Elementary Education Department of the Govt. of Assam.
(2.) The husband of the petitioner who was serving as the Headmaster of Bordolong J.B. L.P. School, died-in-harness on 20.05.2013, leaving behind his three school going children and also his wife, who is the present petitioner. The petitioner on his death submitted an application for compassionate appointment on 02.08.2013. The said application was given consideration by the DLC of Nagaon district in its meeting held on 09.01.2015. By the said meeting, the petitioner although wrongly written as Rabia Khatun instead of Rabia Begum was recommended for a post of teacher in an L.P. School. When the recommendation of the DLC was placed before the SLC in its meeting held on 20.07.2017, the claim of the petitioner was rejected on the ground of having insufficient qualification.
(3.) It is stated that for appointment as a school teacher, the requirement is that the incumbent has atleast 50% marks in the qualifying examination. On an examination of the mark sheet of the qualifying examination of the petitioner, it is taken note of that the petitioner has the qualification of senior secondary examination from the North East National Board of School Education. An objection has been raised that the North East National Board of School Education is not a recognized board to award such certificate and therefore, the petitioner does not have the qualification.;


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