U.B. Saha, J.

1. The instant writ petition is filed by the Petitioner Shri Bialakbo Zeliang, a land owner, belonging to the Zeliang Tribe and hails from Tening Village in the District of Peren, Nagaland for quashing the order of appointment, dated 24.5.2006 (Annexure-1 to the writ petition), issued in favor of the Respondent No. 5, Shri Abang Zeliang alias Aben Zeliang appointing him as Cook violating the employment policy and to direct the State Respondents to appoint him to the post of Cook in terms of the agreement (Annexure-2 to the writ petition), executed by him on 4.6.1998 with the Respondent 8, the Sub-Divisional Officer (Civil), Tening and approved by the Addl. Deputy Commissioner, Peren, Nagaland.

2. Heard Mr. K. Sema, learned Counsel for the Petitioner. Also heard Mr. LS Jamir, learned Addl. Advocate General appearing for the State Respondents as well as Mr. Wati Jamir, learned Counsel appearing on behalf of the Respondent No. 5.

3. The grievance of the Petitioner in the writ petition is that he being one of the land owners of Tening Village donated his land for extension of Tening Town as requisitioned by the villagers of the Tening Village pursuant to the aforesaid agreement dated 4.6.1998. The Petitioner donated his aforesaid land where the present Primary Health Centre (PHC), Tening is located and this land falls within the first location which is indicated in the Annexure-2 agreement dated 4.6.1998 and as the Govt. has decided to provide special preference to the land donors while recruiting Grade-III and Grade-IV staff in various departments of the State, the Petitioner was also expecting that he would be provided the special preference and when he was waiting for a job some time in the month of March 2006, he reliably came to know that one Shri Songwibo Zeliang who was employed as a Cook at PHC, Tening would retire in the month of May 2006 on attaining the age of superannuation. Accordingly, he submitted an application addressing the Director of Health Services, Nagaland, Kohima through the Medical Officer-in-Charge, Primary Health Centre, Tening and the Sub-Divisional Medical Officer, Peren for appointing him against the vacancy created by the retirement of said Shri Songwibo Zeliang who in turn forwarded his application to the Director of Health Services on 6.3.2006 and 10.3.2006 respectively.

4. It is contended in the writ petition that the Tening Village Council issued a certificate on 30.3.2006 stating, inter alia, that the Petitioner is a land owner and the said Village Council recommended the case of the Petitioner for appointment as a Cook at Primary Health Centre, Tening on retirement of the incumbent, but the Civil Surgeon, Kohima District, Kohima by his order, dated 24.5.2006 appointed the Respondent No. 5 to the post of Cook at Tening Primary Health Centre at the instance of the Respondent No. 2, Director of Health Services, Nagaland, Kohima who was asked by Dr. TM Lotha, the then Minister of Health and Family Welfare, Excise, Nagaland. The Tening Village Council vide its letter, dated 24.5.2006 made a complaint to the Civil Surgeon, Kohima, Respondent No. 3, who appointed the Respondent No. 5 to the post of Cook vide Annexure-1 order, dated 24.5.2006. On 21.6.2006, the Respondent No. 3 issued a Corrigendum to read 'Sri Abem Zeliang' instead of 'Sri Abang Zeliang'.

5. After getting information regarding the appointment of Respondent No. 5 as Cook at Tening PHC, the Petitioner approached various authorities and moved from post to pillars, but the Respondent authorities did not consider his submission and ultimately he preferred the instant writ petition before this Court.

6. The official Respondents, i.e. the Respondents No. 1 to 4 filing their affidavit-in-opposition admitted the fact that the Petitioner has donated his land, but raised objection regarding the agreement executed between the Petitioner and the Respondent 8, the Sub-Divisional Officer (Civil), Tening and approved by the Addl. Depu