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2018 Supreme(Gau) 1717

IN THE HIGH COURT OF GAUHATI AT KOHIMA BENCH
L.S. JAMIR, J.
Lily Ndang and Others – Petitioners
Versus
State of Nagaland and Others – Respondents
WP (C) No. 311(K) of 2017
Decided On : 29-01-2018

Advocates:
Advocate Appeared:
For the Petitioners: Mr. Taka Masa, Mr. Arenlong Longkumer, Ms. Khrievono.
For the Respondent: Ms. V. Suokhrie.

Headnote:

Issue on advertisement of Posts, Appointment–Learned senior counsel for the petitioners submits that applications were made from the open market and, therefore, the issue of non-advertisement of the posts, as taken by the Government is a non-issue –counsel submits that the petitioners are educated unemployed youths and on learning from reliable sources that there are vacant posts of LDA-cum-Computer Assistant and Storekeeper in the Department of Youth Resources and Sports have submitted their applications –He submits that there were 96 applicants for 6 posts of LDA-cum-Computer Assistant and 9 applicants for one post of Storekeeper – Held, Considering that the petitioners were under anticipation of being appointed to the post as recommended by the Recruitment Board in terms of the Examination held and that they have not applied for the post m terms of the advertisement this court is of the considered opinion that it would be in the interest of justice that the State respondents shall allow the petitioners to appear before the examination in terms of the advertisement provided they apply for the posts within a period of one week from today and by also condoning their age, if they are found to be overage – In the facts and circumstances of what has been discussed herein above, there is no merit in the writ petition and the same is accordingly dismissed, however, without any costs –Petition dismissed

ORDER :

1. Heard Mr. Taka Masa, learned senior counsel assisted by Mr. Arenlong, learned counsel for the petitioners. Also heard Ms. V. Suokhrie, learned Additional Senior Government Advocate appearing for all the State respondents.

2. Mr. Taka Masa, learned senior counsel for the petitioners submits that the petitioners are educated unemployed youths and on learning from reliable sources that there are vacant posts of LDA-cum-Computer Assistant and Storekeeper in the Department of Youth Resources and Sports have submitted their applications. Thereafter, the Director, Directorate of Youth Resource and Sports/respondent No. 3 issued a Notification dated Nil informing all applicants who have applied for the post of LDA-cum-Computer Assistant and Storekeeper that a Departmental Examination will be held on 16.5.2017. The applicants were also directed to produce all necessary documents in original. He submits that there were 96 applicants for 6 posts of LDA-cum-Computer Assistant and 9 applicants for one post of Storekeeper. The petitioner Nos. 1 to 6 had applied for the post of LDA-cum-Computer Assistant and the petitioner No. 7 applied for the post of Storekeeper. All the petitioners have participated in the Departmental Examination and finally, the Interview Board selected and recommended the petitioner Nos. 1 to 6 for appointment to the post of LDA-cum-Computer Assistant and the petitioner No. 7 for appointment to the post of Storekeeper.

3. Learned senior counsel for the petitioners submit that the Department of Personnel and Administrative Reforms had been issuing administrative instructions from time-to-time laying down the procedure for filling up of Grade III and Grade IV post in the Departments. By a Notification dated 7.12.2009, issued by the Chief Secretary to the Government of Nagaland, the State Government had reconstituted the Departmental Selection Board for recruitment of all Grade III posts which are outside the preview of the NPSC under various Departments. By another Office Memorandum dated 4.6.2016, the State Government laid down the provisions for recruitment to Grade III and Grade IV posts in the District Offices. Thereafter, by another Office Memorandum dated 7.12.2016, the State Government laid down the procedures for filling up of Grade III and Grade IV posts under the State Government including the District Offices. All direct recruitment vacancies in Grade III posts which are outside the preview of NPSC as well as in Grade IV posts in a Department including such vacancies in the District Offices of that Department shall be filled up based on recommendation of Departmental Screening Committee (except Police Department).

4. Learned senior counsel for the petitioner submits that while the petitioners were awaiting for employment in terms of the recommendation made by the Recruitment Board after conducting Departmental Examination for the post of LDA-cum-Computer Assistant and Storekeeper, the Under Secretary to the Government of Nagaland, Department of Youth Resources and Sports by a letter dated 7.11.2017, wrote to the respondent No. 3 directing to declare the Selection Committee recommendation and advertisement, if any, be declared null and void and to re-ad vertise and re-conduct the recruitment as per the P&AR Notification dated 7.12.2016. In the said letter, it was stated that the P&AR Department has examined the case in consultation with the Justice and Law Department and had observed that the Department had failed to comply with the reservation policy of the State Government in respect of 6 Tribes of Eastern Nagaland and that the Department had also failed to advertise the vacancies for the purpose of open recruitment. Further observation was made in the letter dated 6.11.2017 that the representatives deputed by the P&AR Department had refused to be involved on the ground that the latest guidelines of the Government were not followed. Thereafter, by another letter dated 13.11.2017 written by the Under Se

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