MD MEHMOD AKANDA Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-5-91
HIGH COURT OF GAUHATI
Decided on May 21,2018

Md Mehmod Akanda Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Ms. B Devi, learned counsel for the petitioner. Also heard Mr. N Sarma, learned Standing counsel, Elementary Education Department and Mr. S Das, learned counsel for the respondent No.5 being the Deputy Commissioner, Morigaon.
(2.) The father of the petitioner who was working as an Assistant Teacher in Sogunbahi LP School died in harness on 26.07.2011. On his death, the petitioner who had the qualification of HSSLC passed, had submitted an application for compassionate appointment on 20.09.2011. The said application was placed before the DLC of Morigaon district in its meeting held on 23.04.2012 and the claim of the petitioner was rejected on the ground of not having the requisite percentage of marks.
(3.) It is taken note of that as the father of the petitioner was an Assistant Teacher in the concerned school, the application for compassionate appointment of the petitioner was also processed by the respondent authorities to be an application for the post of Assistant Teacher. Accordingly, the DLC considered the claim of the petitioner to be a claim for the post of Assistant Teacher and passed its order that the petitioner does not have the requisite qualification. It is stated that thereafter the petitioner had redone his qualifying examination and had secured 51% marks. Thereupon, the DLC again considered the claim of the petitioner and had rejected the same by stating that it was earlier considered.;


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