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IN THE HIGH COURT OF GAUHATI (KOHIMA BENCH)
Songkhupchung Serto, S. Hukato Swu, JJ.
Lanuchuba Chang and Ors.- Appellants
Vs.
State of Nagaland and Ors.- Respondent
WA 7, 13, 15, 10, 6, 17, 2, 5, 8/2020, 32 and 18/2019
Decided On : 08-04-2021
Right to Education Act, 2009 - R.T.E. Act, 2019 - Constitution of India, 1950 - Article 14,162 , 309, 16 and 226, - Education Department is through 2006 Rules - Nagaland Directorate Ministerial Service Rules, 2006 - Rule 7 - Equality Before Law - Appellants in are attached in Office of Sub-Divisional Education Officer (SDEO) - Along with connected writ appeals, appellants also have filed following Interlocutory Applications and COP(C) - Whether Allotment in favour of those persons was within scope of Rules applicable – Held, Allotments were made wrongly in favour of those persons, same may become liable for cancellation, if permissible in law, but that will not create an enforceable right on respondents to claim similar wrongful allotments in their favour. - In our opinion, even Court ground relied upon by High Court as well as lower appellate court is unsustainable - Exercise being enormous in nature,Court deem it proper to give sufficient time for examining all records of petitioners as such,court direct State respondents to make endeavour to complete exercise within six months of passing of order. - State respondents shall ensure that petitioners are not repatriated till such time restoration exercise is finalized as against each petitioner - Writ appeals stands disposed
JUDGMENT :
S. Hukato Swu, J.
1. Heard Mr. C.T. Jamir, learned senior counsel assisted by Mr. I. Imchen appearing for all the appellants in all the connected writ appeals. Also heard M r. T.B. Jamir, learned Senior Additional Advocate General, Nagaland assisted by Ms. V. Suokhrie appearing for the State respondents in all connected writ appeals.
2. In these bunch of writ appeals wherein, the appellants in W.A. No. 2/2020 are attached in the Directorate of School Education, the appellant in W.A. No. 6/2020 is attached in the Office of the Sub-Divisional Education Officer (SDEO), Kohima, the appellants in W.A. No, 13/2020 are attached in the Office of the Sub-Divisional Education Officer (SDEO), Pughoboto, the appellants in W.A. No. 18/2019 are attached in the Office of the District Education Officer (DEO), Zunheboto and in the Office of the Sub-Divisional Education Officer (SDEO), Niuland, the appellants in W.A. No. 32/2019 are attached in the Office of the Sub-Divisional Education Officer (SDEO), Kohima, the appellant in W.A. No. 17/2019 is attached in the Office of the District Education Officer (DEO), Zunheboto, the appellants in W.A. No. 8/2020 are attached in the Office of the District Education Officer (DEO), Tuensang, the appellants in W.A. No. 10/2020 are attached in the Office of the District Education Officer (DEO), Tuensang, the appellant in W.A. No. 15/2020 is attached in the Directorate of School Education, the appellants in W.A. No. 7/2020 are attached in the Office of the Sub-Divisional Education Officer (SDEO), Tuensang and the appellants in W.A. No. 5/2020 are attached in the Office of the Sub-Divisional Education Officer (SDEO), Pughoboto respectively.
3. Along with the connected writ appeals, the appellants also have filed the following Interlocutory Applications and COP(C):-
(2) I.A. (C)127/2019 in W.A. No. 18/2019, for stay of the impugned judgment and order dated 18-09-2019 passed in W.P. (C) 254 (K)/2017
(3) I.A. (C) 126/2019 in W.A. No. 2/2019, for stay of the impugned judgment and order dated 18-09-2019 passed in W.P. (C) 152 (K)/2016
(4) I.A. (C) 73/2020 in W.A. No. 15/2020 for stay of the impugned common judgment and order dated 18-09-2019 passed in respect of W.P. (C) 250 (K)/2017
(5) I.A.(C) 40/2020 in W.A. No. 10/2020 for modification/alteration of Order dated 14-02-2020 passed in I.A. (C) No. 377/2020
(6) I.A.(C)38/2020 in W.A. No. 8/2020, for stay of the impugned common judgment and order dated 18-09-2019 passed in respect of W.P. (C) 270 (K)/2017
(7) I.A.(C)41/2020 in W.A. No. 10/2020, for stay of the impugned common judgment and order dated 18-09-2019 passed in respect of W.P. (C) 270 (K)/2017
(8) I.A. (C)39/2020 in W.A. No. 8/2020, for modification/alteration of Order dated 14-02-2020 passed in I.A.(C) No. 380/2020
(9) I.A.(C)34/2020 in W.A. No. 7/2020, for stay of the impugned common judgment and order dated 18-09-2019 passed in respect of W.P. (C) 27 (K)/2017
(10) I.A.(C)52/2020 in W.A. No. 13/2020 for stay of the impugned judgment and order dated 18-09-2019 passed in W.P.(C) 262 (K)/2017
(11) I.A.(C)174/2019 in W.A. No. 32/2019, for stay of the impugned judgment and order dated 18-09-2019 passed in W.P.(C) 151 (K)/2017
(12) COP (C) 19/2020 connected with W.A. No. 7/2020
(13) COP (C) 20/2020 connected with W.A. No. 10/2020
(14) COP (C) 21/2020 connected with W.A. No. 8/2020
4. The writ appeals are heard and disposed of together since all of them have challenged the common order dated 18-09-2019 passed in W.P. (C) 251 (K) of 2017.
The appellants were all initially appointed as teachers and some were attached to the Office of the SDEO (Sub-Divisional Education Officer) in the districts and while others were attached to the Directorate of School Education, Kohima. While serving as attached employees in the Office of the Sub-Divisional Education Officer and in th
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