AMARJYOTI BORGOHAIN Vs. STATE OF ASSAM AND 2 ORS
HIGH COURT OF GAUHATI
State Of Assam And 2 Ors
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Achintya Malla Bujor Barua, J. -
(1.) Heard Ms. D. Borgohain, learned counsel for the petitioner, Mr. N. Sarma, learned Standing Counsel for Elementary Education Department as well as Mr. K. Nayak, learned counsel for the DLC being the respondent No.3.
(2.) The father of the petitioner, who was working as an Assistant Teacher of Madhya Hollongapar MV School in the Jorhat district, died in harness on 03.12.2013. On his death, the mother of the petitioner, being the wife of the deceased, had submitted an application for compassionate appointment. The claim for compassionate appointment of the mother was rejected by the DLC in its meeting held on 01.08.2014 on the ground that she is not genuinely qualified. On a query to the learned counsel appearing for the DLC as to what it meant by not genuinely qualified, it is stated that the mother of the petitioner did not have the required 50% of marks in the qualifying examination.
(3.) Be that as it may, the petitioner who was a minor at the time of death, made an application for compassionate appointment on 14.09.2015. The said application of the petitioner was rejected by the DLC in its meeting held on 17.11.2015 on the ground that he is not recommended due to late submission of the application. Thereafter, the DLC had given a further consideration to the claim of the petitioner in the meeting held on 21.09.2016 and this time, it was rejected on the ground that the case was earlier rejected.;
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