The government has the right to lay down terms and conditions or guidelines for filling up upgraded posts in the absence of service rules, and such policy matters are subject to judicial review.

Mutum B.K. Singh, J.

1. This petition has been filed for issuance of a writ of Certiorari for quashing the conditions and recruitment method provided in para 2 (b) of the Government's Notification bearing No. SAB-5/68/05, dated 14.12.07, recommendation of the Special Selection Committee and the promotion order of the Respondent Nos. 10 to 37 dated 2.6.08, coupled with a prayer for giving a direction to fill up all 27 upgraded posts on seniority-cum-merit basis without conducting any examination.

2. Heard Ms. Z. Zhimomi, learned Counsel appearing for the Petitioners and also heard Mrs. Y. Longkumer, learned Government Advocate for the Respondent Nos. 1 to 9 and Mr. C. T. Jamir, learned Counsel for the Respondent Nos. 10 to 17, 22, 27 to 36. None appears for the remaining Respondents.

3. Facts, avoiding unnecessary details, are that the Petitioners are Grade-IV employees and members of Nagaland Secretariat Grade-IV Employees Association. On persistent demand of the Association for providing promotional avenue to the higher grade, the Government of Nagaland upgraded 5% of the sanctioned strength of the Grade-IV posts i.e. 27 in numbers to the level of Grade-Ill post, prescribing 3 (three) different scales of pay (hereinafter referred to as Scale-A, B & C posts respectively), vide Notification bearing No. SAB-5/68/05 dated 14.12.07. As per the said Notification, Scale-A posts, 20 in numbers are to be filled up on the basis of seniority-cum-merit from amongst the Grade-IV employees. The remaining 7 (seven) posts under the Scale-B & C are to be filled up on the basis of merit-cum-seniority through a Special Selection Committee from amongst the Grade-IV employees who have put in minimum 10 years of regular service and possessed Class-VIII educational qualification. The Special Selection Committee conducted test, both written and interview on 12.3.08 without giving general notice to all the Grade-IV employees in Nagaland Civil Secretariat and recommended Respondent Nos. 10 to 36 for appointment on promotion against the upgraded posts on promotion solely on the basis of Confidential Memorandum dated 29.2.08, which was issued only to some office peons on pick and choose basis. The recommended candidates were subsequently appointed/promoted against the upgraded posts vide order dated 12.6.08 issued by the Government of Nagaland, Secretariat Administrative Branch-B. The Petitioners are aggrieved by the conditions and the method of recruitment provided in para 2 (b) of the Government Notification dated 14.12.07 stating that the said conditions are quite arbitrary and unreasonable. The Special Selection Committee recommended 50% of the A-Scale posts on merit-cum-seniority basis contrary to the Government Notification dated 14.12.07 and the recommendation list was also manipulated by overwriting. Hence, the entire election process and the impugned appointment/promotion order are liable to be quashed.

4. The State Respondents as well as the private Respondents contested the petitions by filing affidavit-in-opposition denying almost all the allegations made by the Petitioners. The State Respondents however, admitted in their affidavit-in-opposition that 50% of the A-Scale posts were recommended by the Special Selection Committee on merit-cum-seniority basis but stated that the said recommendation was made under extreme necessity due to the existence of an intermediary post in between Grade-IV and Grade-III posts. The Respondents stated that Petitioner Nos. 1, 2, 3, 4, 8 & 18 appeared in the interview but failed to qualify and as such they have no right to challenge the proceeding of the Special Selection Committee.

5. Having heard the submissions advanced by the rival parties and on perusal of the writ petition as well as affidavit-in-oppositions, the examination of the said Notification dated 14.12.07 has become necessary for determination of the disputes involved in this case. The said Notification runs as follows:

The Governor of Nagaland