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2020 Supreme(Gau) 761
IN THE HIGH COURT OF GAUHATI (KOHIMA BENCH)
Songkhupchung Serto, J.
Bendangyanger and Ors.- Appellants
Vs.
State of Nagaland and Ors.- Respondent
W.P.(C) No. 117(K) of 2020
Decided On : 02-11-2020
For the Appellant :Imti Longjem, Moa Jamir, Esther, Lhousino and Kitoka Sumi, Advocates
For Respondents/Defendant: V. Suokhrie, Addl. Sr. GA
Headnote:
Constitution of India,1950 - Article 226 - Advertisement - Post of Staff Nurse - Direct recruitment - State Government created a number of post of Doctors, nurses and technicians including 21 post of AYUSH Medical Officers vide notification dated and thereafter framed guidelines to be followed in recruitment of medical personnel and the same was notified in Notification No. HF W(A)CO VID-19/Appt- dated by Commissioner & Secretary to Government of Nagaland, Health & Family Welfare Department - Department to fill up 50% of post of Staff Nurse from queue of former Nursing Diploma/Graduates and remaining 50% to be filled up through direct recruitment and open competition - For direct recruitment posts, existing reservation of posts for Backwards Tribes shall be followed wherever applicable - Whether any case at all is made out requiring its interference on basis of material made available on record - Held, Court find no valid reason or reasons to interfere in policy decision taken by Government which in Court opinion is appropriate to circumstances Court are in at moment - As such, Court not inclined to interfere with recruitment process already undertaken - However, keeping in view constitutional scheme of recruitment to Government services, respondents are directed to requisition 21 post of AYUSH Medical Officer to NPSC within 6(six) months from today so that NPSC may start taking steps for conducting regular recruitment as per rules and regular appointment to posts are made immediately after expiry of period of 1 (one) year from date of issuance of appointment orders in pursuance of recruitment process already completed - Writ petition is disposed.
JUDGMENT :
Songkhupchung Serto, J.
1. This is a writ petition challenging the Advertisement dated 16.07.2020, issued by the Principal Director of Health & Family Welfare, Nagaland wherein applications were invited for recruitment against newly created 21 posts of AYUSH Medical Officers under the Department of Health & Family Welfare through the Departmental Recruitment Board; and the Notification No. DHFW(A)/COVID-19/Appt-13/17/2020/269(Pt)/263, dated 05.07.2020 only in respect of recruitment to AYUSH Medical Officers, particularly, relating to the weightage given to work experience; and the Corrigendum No. DHFW-5/COVID-19/A-MO/2019-2020/5052-55, dated 17.07.2020; and the Advertisement No. DHFW-1/534/COVID-19/2019-5116-121, dated 04.08.2020 so far as the provision given therein which provided for weightage to work experience (30% marks out of 100) in respect of the post of AYUSH Medical Officer in concern; and praying for a direction directing the respondents to fill up the post of AYUSH Medical Officers through a recruitment process involving written examination and interview, to be conducted by the NPSC.
2. Heard Mr. I. Longjem, learned counsel for the petitioners assisted by Ms. Lhousino and Esther, learned counsels and also heard Ms. V. Suokhrie, learned Addl. Sr. Government Advocate appearing for the State respondents.
Before I go into the rival submissions of the parties it would be appropriate to lay down the facts and circumstances which led to the filing of this writ petition briefly,
(i) In order to deal with the health concerned of the people of Nagaland arising of the pandemic COVID-19 effectively, the State Government created a number of post of Doctors, nurses and technicians including 21 post of AYUSH Medical Officers vide notification dated 02.07.2020, and thereafter framed guidelines to be followed in the recruitment of the medical personnel and the same was notified in the Notification No. HF W(A)CO VID-19/Appt-13/17/2020, dated 05.07.2020, by the Commissioner & Secretary to the Government of Nagaland, Health & Family Welfare Department. The notification is reproduced here below;
"Government of Nagaland
Health & Family Welfare Department
Nagaland: Kohima
Notification
Dated, Kohima the 5th July, 2020.
No. HFW(A)COVID-19/Appt-13/17/2020/On the recommendation of the Cabinet vide No. CAB-2/2013 dated, Kohima, the 25th June, 2020, the Governor of Nagaland is pleased to frame the following basic guidelines for recruitment and service condition of the Medical Officers, Nurses, Technicians and other Para-medical staff as under;-
1. All the newly created posts to be filled up by the H&FW Department within a month's time with proper advertisement. While filling up the posts, due weightage should be given to the mark obtained by the candidates in the qualifying degree of the University/Medical College and years of work experienced. The interview panel to include independent experts from outside the state.
2. These appointment will be temporary/fixed and regular recruitment shall be conducted through a special NPSC recruitment drive for all post coming under the purview of NPSC.
3. The existing reservation of posts for the Backward Tribes shall be followed wherever applicable.
4. The standard condition of No Study Leave, requirement to serve any part of the State assigned by the Department, signing of the bond not to engage in private practice etc. shall apply to such temporary engagement.
5. As per the recommendation of the Manpower Rationalization Committee (MRC), the Department to fill up 50% of the post of Staff Nurse from queue of former Nursing Diploma/Graduates and remaining 50% to be filled up through direct recruitment and open competition. For direct recruitment posts, the existing reservation of posts for the Backwards Tribes shall be followed wherever applicable.
6. With a view to give equal opportunity to all and to p
