JUDGMENT :

1. This order will dispose of both the writ petitions as well as the Interlocutory Application. The writ petitioners are the same in both the writ petitions and the I.A is filed by the respondent No. 100 in WP(C) No. 12(K)/2019 for deletion of his name from amongst the arrayed respondents.

2. Since the grievance expressed and the cause of action alleged are the same in both the writ petitions, the facts projected in WP(C) 12(K)/2019 is being referred to for brevity. Facts of the case in brief is that the petitioner No. 1 is the Nagaland NET Qualified Forum represented by its convener Sh. Luthuk Keyho while the petitioner Nos. 2 to 21 are individuals who claim that their future has been adversely affected by non-advertisement of the posts of Assistant Professors. The petitioner No. 1 is not a registered forum and claims that the name of the forum be reflected in the cause-title to avoid discontentment if the name of individual petitioner is reflected. The petitioners contend that they are Master degree holders with NET and some of them Doctorate degree holders. They are before this Court in individual capacity as their future has been adversely affected by non-advertisement of the posts of Assistant Professors. According to the petitioners, the post of Assistant Professors/Librarians are being occupied by unqualified back-door appointees and those qualified are appointed without making advertisement through Nagaland Public Civil Service (NPSC). The petitioners contend that despite the landmark Judgment of the Apex Court rendered on 10.04.2006 in the case of Secretary, State of Karnataka & Ors vs. Uma Devi(3) & Ors., (2006) 4 SCC 1 declaring that any appointment, if made in violation of the Constitutional scheme of Articles 14 & 16 of the Constitution of India, would be rendered illegal and void ab initio, the respondent authorities have defiantly issued Office Memorandum dated 04.08.2008 providing regularization to backdoor appointees on completion of 3 years in service. The petitioners, further, contend that the State Government created 110 posts of Assistant Professors but advertised only 37 back-door posts leaving out 68 posts created for the year 2018-19. Being aggrieved, they submitted representation to the respondents on 04.08.2018 for requisitioning 68 posts of Assistant Professors and Librarians inclusive with NPSC Advertisement dated 21.08.2018 and to conduct examinations. However, no action was taken by the State respondents. The petitioners further contend that the State respondents have appointed 175 Assistant Professors/Librarians on contract basis out of which, 87 were appointed after the issuance of O.M dated 06.06.2016 by which appointments on contract basis was banned. 84 persons were appointed without possessing requisite qualification as per UGC Regulations & Service Rules, 75 qualified persons were appointed without advertisement and 16 persons were regularized. Further, out of the 175 respondents, 40 of them were appointed in sanctioned posts and 135 were appointed without vacancy and out of which, 4 are Librarians. All the private respondents were appointed without following due process of law mandating general advertisement and the impugned appointment and regularization of the private respondents being illegal, the same are liable to be set aside and quashed. The petitioners, therefore, have made the following prayer:-

(1) To quash and set aside the impugned O.M dated 04.08.2008 providing of regularization to back-door appointees on completion of 3 years in service.

(2) To quash and set aside the impugned O.M dated 11.08.2016 validating O.M dated 04.08.2008.

(3) To quash and set aside the impugned notifications by which the private respondents have been appointed and regularized.

(4) To requisition 40 sanction posts of Assistant Professors held by the private respondents to NPSC for advertisement.

(5) To advertise 135 non-sanction posts as prescribed by law for appointments in administrative