JUDGMENT :

Kakheto Sema, J.

1. The case in W.P.(C) No. 176/2019 being analogous to that in W.P.(C) No. 194/2020 both are dealt with by this common judgment & order.

2. In WP(C) No. 176/2019, the petitioner has sought for the following relief;

(i) Quash and set aside the Certificate of Indigenous, Inhabitant of Nagaland bearing Regd. No. 762 dated 14/06/2013 (Annexure-K).

(ii) Quash and set aside the recommendation dated 28/02/2019 of SDLRB in respect of private respondent No. 4 and appointment Order dated 01/08/2019 (Annexure-F & G).

(iii) Direct the respondent authorities to appoint the petitioner to the post of Sweeper under the establishment of Additional Deputy Commissioner, Pughoboto in terms of her merit position in the select list dated 28/02/2019.

And/or pass any other further order/orders as your Lordship may deem fit and proper.

3. Brief fact of the case in W.P.(C) No. 176/2019 is that vide the Advertisement No. CNE-A/RECT-BRD/17 dated 17/01/2018 issued by the Government of Nagaland, Office of the Commissioner, Nagaland, Kohima, applications were invited from eligible candidates for filling up of various post under the District Administration in Nagaland. In Serial No. 14 of the said advertisement, one Grade-IV post was also advertised for Pughoboto under the district of Zunheboto, Nagaland. Clause-IV of the advertisement prescribed the eligibility criteria for the Grade-IV post as under;

1. Should be an indigenous inhabitant of the district.

2. Land ownership claims as per standing Government order.

3. Minimum age-18 and maximum age-35 as on 19/02/2019.

The present case pertains to the appointment for Grade-IV post under Pughoboto in the district of Zunheboto.

Consequent to the advertisement dated 17/01/2018 the petitioner, the respondent No. 4 and others applied for the post. All the applicants being eligible were issued the admit card and called to appear for the interview before the Sub-Divisional Level Recruitment Board (SDLRB) on 28/02/2019 at 12:00 Noon.

4. The interview (Oral) was conducted by the SDLRB on 28/02/2019 and the mark secured by the candidates in order of merit was declared by the SDLRB on 28/02/2019. The petitioner secured 63.75% marks and was placed in Rank-2, while the respondent No. 4 secured 72.5% marks and placed in Rank-1. The mark secured by the candidates in the interview in order of merit is reproduced as under;

Sl. No. Name Marks obtained Rank

1 Khutoli Sheqi 72.5% 1

2 Tosheli 63.75% 2

3 Kimiyekali 62.5% 3

4 Hovito James Kitho 61.75% 4

5 Kashito A Swu 61.21% 5

6 Nikiqhe Assumi 60% 6

7 Khakuto Sheqi 58.75% 7

8 Ghovili Swu 55.25% 8

9 Boholi Achumi 53.75% 9

10 Toliho 53.5% 10

11 Jetoli 51% 11

12 Khuvili Absent

5. That in the light of the mark secured by the candidates and the recommendation made by the SDLRB, Pughoboto, the Additional Deputy Commissioner, Pughoboto, on the approval of the Commissioner, Nagaland, Kohima issued the Order No. ESTT-2/2018-19 dated 01/08/2019 appointing the respondent No. 4 as the Sweeper under the establishment of the Additional Deputy Commissioner, Pughoboto.

6. Impugning the order dated 01/08/2019, Mr. Limawapang, learned counsel for the petitioner submits that the respondent No. 4 is not an "Indigenous Inhabitant of the State of Nagaland" and cannot be appointed to the said post. Mr. Limawapang submits that Lt. Kumar @ Inaxu Sheqi @ Inakhu, the father of the respondent No. 4 is a Non-Naga who came to Pughoboto as a carpenter in search of livelihood in between the year 1975-80 and therefore, the question of issuing the indigenous inhabitant certificate to the respondent No. 4 can never arise for the consideration. The learned counsel in support of his submission has drawn the Court's attention to the Notification No. AR-8/8/76 dated 28/04/1977 which is reproduced as under;

"Government of Nagaland

Department of Personnel and Administrative Reforms

(Administrative Reforms Branch)

NOTIFICATION

Dated Kohima, the 28th April, 1977

No. AR-8/8/76:- The Governor of Naga