Point of Law: Rules 8(1) goes to show that appointments made in the Judicial Service would have to be in conformity with the orders issued by the Government of Nagaland from time to time regarding special reservation of Schedule Caste and Schedule Tribes.

JUDGMENT :

Suman Shyam, J.

1. Heard Mr. C. T. Jamir, learned senior counsel assisted by Mr. L. Wapang, learned counsel appearing for the writ petitioners in all the three writ petitions. We have also heard Mr. H.K. Das, learned Standing Counsel, Gauhati High Court, appearing for the respondent nos. 1, 2 and 3, Ms. T. Khro, learned Additional Advocate General, Nagaland, appearing on behalf of the State of Nagaland and Mr. Sishir Dutta, learned senior counsel assisted by Mr. S. Dutta, learned counsel for the respondent no. 5 in WP(C) No. 4908/2020. The remaining respondents did not appear during hearing of these writ petitions.

2. In these three writ petitions common questions of law and facts are involved and, therefore, those are being taken up for disposal by this common order.

3. The facts giving rise to the filing of these writ petitions are as follows :

4. On 01/08/2018, the Registrar General of Gauhati High Court had issued an advertisement notice for filling up 3 (three) vacancies (2 existing and 1 anticipated vacancy) in the Grade-III category of Nagaland Judicial Service. In the advertisement notice dated 01/08/2018, it was inter-alia, mentioned that all candidates who obtain 60% or more marks or corresponding grade in the final written examination shall be eligible to take part in the viva voce test of 70 marks. For the Schedule Caste/Schedule Tribe candidates, the cut-off mark was fixed at 50% or corresponding grade in the final written examination for participation in the viva voce test. The advertisement notice had further mentioned that the candidates will have to secure minimum 60% marks in the viva voce for being selected.

5. Based on the advertisement notice dated 01/08/2018, written test and viva voce test was conducted, where after, select list dated 14/03/2019 was published wherein, the names of three candidates i.e. the respondent nos. 4, 5 and 6 in WP(C) 4808/2022, was published. After publication of the select list, objection were received by the Government of Nagaland from the Nagaland Bar Association i.e. the writ petitioner in WP(C) 4808/2020 against the select list on the ground that the same was prepared in violation of the reservation policy of the State. The aforesaid objection was apparently taken on account of the fact that out of the 3 (three) selected candidates, only one candidate at serial No. 2 of the select list i.e. the respondent no. 5 in WP(C) No. 4908/2020 was a reserved category candidate from the State of Nagaland. Since, there is a policy decision of the State of Nagaland to have 80% reservation of posts in all public employment for the indigenous population of the State of Nagaland, hence, according to the objector, the select list dated 14/03/2019 containing the names of more than 20% candidates belonging to the general category was untenable.

6. The writ petitioner in WP(C) 4908/2020 viz. the High Court Bar Association, Kohima had submitted a representation on 10.04.2019 addressed to the Chief Justice of Gauhati High Court objecting to the select list dated 14.03.2019 on the ground that the same had been issued in violation of the reservation policy of the state. The Secretary to the Government of Nagaland, Justice & Law Department had also addressed a letter dated 26/06/2019 drawing the attention of the High Court to the aforesaid objection with a request to review the select list dated 14.03.2019. In the meantime, these three writ petitions came to be filed before the Kohima Bench of this High Court. WP(C) 97(K)/2019 was instituted by the High Court Bar Association, Kohima, whereas, WP(C) 106(K)/2019 and WP(C) 243(K)/2019 were instituted by the two unsuccessful candidates, viz. Smt. T. Tilila Sangtam and Qheto A. Chophy, respectively. Meanwhile, taking note of the letter dated 26/06/2019 issued by Secretary to the Government of Nagaland, Department of Justice & Law as well as the pendency of the three aforementioned writ petitions, the Administrative Committee of the High Court, vide r