C.R. Sarma, J.

1. Heard Mr. C.T. Jamir, learned senior counsel, assisted by Mr. Imkong Jamir, learned Counsel appearing for the petitioner. Also heard Mr. T.B. Jamir, learned Additional Advocate General, Nagaland assisted by N. Angami, learned State counsel appearing for State respondents. By this writ petition, the petitioner, in whose favour the judgment and order dated 28.11.2008 in Writ Petition No. 67 (K) of 2007 and judgment and orders dated 30.11.2012 in Writ Petition No. 235 (K) of 2009 and WP(C) No 54 (K) of 2010 were passed, has challenged the Notification dated 13.12.2013 (Annexure-S to the writ petition) and prayed for setting aside the paragraph 3 of the said Notification and give her all consequential service benefit including pay with effect from 28.7.2008.

2. In response to an advertisement for appointment to the post of Medical Officer, the petitioner applied for the said post and submitted her application before the Nagaland Public Service Commission (in short 'NPSC'). Subsequently, a selection test (written and oral) was held and the petitioner along with others were selected. But, while recommending the names of other candidates, the case of the petitioner was not recommended for appointment, under the reserved quota, on the ground that she was found to have used her maternal grandfather's name as her natural father and accordingly she was denied the benefit of reserved quota.

3. Aggrieved by the said decision of the NPSC, the petitioner filed a writ petition, being W.P. (C) No. 67 (K) of 2007. The claim of the writ petitioner, in the said writ petition, was contested by the State of Nagaland and Others. The learned Single Judge of this Court, by judgment and order, dated 28.08.2008 aforesaid allowed the writ petition with the following directions:--

9. Be that as it may, since a disputed question of fact is involved in the present case, this Court is of the considered view that it would meet the ends of justice in directing the State-respondents to conduct an enquiry by appointing an independent Inquiring Officer to determine the paternity dispute of the petitioner, after affording reasonable opportunity of being heard to the petitioner. The State-respondents shall complete the above exercise within a period of 4 (four) months from the dated of receipt of a copy of this order and in such enquiry, if the petitioner's claim is found to be true and correct, the State-respondents and the NPSC shall re-consider the matter of the petitioner for her appointment as a Medical Officer with effect from the date on which the other backward tribe candidates were appointed pursuant to the said advertisement dated 30th August, 2006, with all consequential benefits, Accordingly, I do.

4. On being so directed, the NPSC appointed the Deputy Commissioner, Tuensang for making a through enquiry in to the matter. The Deputy Commissioner, Tuensang submitted his report dated 22.04.2009, indicating therein, that the petitioner's claim was legitimate and that she, being an indigenous citizen of the State of Nagaland, belonged to the Samgtam (Naga) Tribe. Even after receipt of the said report from the Deputy Commissioner, Tuensang, the NPSC did not comply with the direction made by the writ Court and caused another enquiry by a three members Committee headed by the Commissioner, Nagaland and consisting of the A.D.C. Longkhim and the Deputy Secretary Urban Development. This time also the enquiry committee opined that the father of the petitioner as Late Litingse Sangtam and that he was also the father of the mother of the petitioner. Thus, it was established that the petitioner was an indigenous person, entitled to the benefit of reservation. Despite receipt of the said reports, regarding the status of the petitioner (that the petitioner belongs to Sangtam (Naga) Tribe, the NPSC did not recommend her name for appointment.

5. Aggrieved by the said inaction, on the part of the NPSC, the petitioner filed a writ petition being W.P. (C)