JUDGMENT :

Heard Mr. Limawapang, learned counsel for the petitioner and Mrs. Livika, learned Government Advocate for the State respondents No. 1, 2 & 3. Also heard Mr. Taka Masa, learned Sr. counsel for the private respondents No. 4, assisted by Mr. Arenlong, learned counsel.

2. The present writ petition has been filed impugning the letter No. HFW(A)Appt-8/28/2015/298, dated 13/11/2018, issued by the Government of Nagaland, Health & Family Welfare Department, Nagaland, Kohima approving the appointment of the respondent No. 4 as sweeper at Community Health Centre (CHC), Bhandari, Wokha and the consequent order No. DHFW-3/GR-4/WOKHA-APPTT/2017-18/8163-68, dated 15/11/2018, issued by the Directorate of Health & Family Welfare, Nagaland, Kohima appointing the respondent No.4 to the post of sweeper at CHC, Bhandari under the establishment of the Chief Medical Officer against the retirement vacancy of Smti. Nzanmoni Lotha.

3. The case of the petitioner in brief is that late Yisao Odyuo is the landowner where the present Community Health Centre (CHC), Bhandari is located. The land was donated free of cost to the Medical department for the construction of the Health Centre but with an understanding that the landowner and his family will be awarded with contract works and with appointment in service as and when the department was approached. The petitioner’s father is the legitimate son of late Yisao Odyuo and by dint of which the petitioner belongs to the family of landowners.

4. That a vacancy occurred in the post of sweeper at CHC, Bhandari on the retirement of the incumbent Smti. Nzamoni Lotha. Against the resultant vacancy, the respondent No. 2 appointed Shri. Meribemo N. Jami by issuing the order dated 13/08/2014. The petitioner therefore, submitted the application dated 15/10/2015 to the respondent No. 2, through the respondent No.3 objecting to the appointment of Shri. Meribemo N. Jami on the ground that the said person is not a landowner nor hails from Bhandari village and to appoint the petitioner who is the landowner.

5. Consequent to the application submitted by the petitioner, the respondent No.2 wrote the letter dated 04/03/2016 to the respondent No.3 to verify the landownership against CHC, Bhandari in consultation with the Village Council and the landowners of the Bhandari village and to constitute a committee for authentication of landownership and to submit the report to the respondent No.2. The respondent No. 3 accordingly conducted the verification and by the letter dated 09/03/2016 submitted the report to the respondent No.2 recommending the appointment of the petitioner to the post of sweeper on the ground that the petitioner was the sole landowner of CHC, Bhandari Town. Along with the report the respondent No.3 also forwarded the certificates issued in favour of the petitioner by the Senior Medical Officer Bhandari dated 07/03/2016, the Addl. Deputy Commissioner Bhandari dated 07/03/2016, the Head G.B Bhandari Town dated 05/03/2016 and the Head G.B Bhandari village dated 08/03/2016. It is the case of the petitioner that subsequent to the receipt of the report dated 09/03/2016 from the respondent No.3, the service of Shri. Meribemo N. Jami was terminated after due notice.

6. Mr. Limawapang, learned counsel for the petitioner submits that the respondent No. 2 thereafter, wrote the letter No. DHFW-3/Vacancy/2016/12783, dated 25/03/2017, directing the Chief Medical Officer of the Districts in the State and the Senior Medical Officer of Tseminyu and Pfutesero to constitute the Screening Committee/Selection Board for appointment of Grade-IV post under their respective establishments by adopting the laid down criteria. In compliance to the letter dated 25/03/2017, the respondent No.3 conducted the selection for appointment to Grade-IV in regard to the establishment of the Office of the Chief Medical Officer, Wokha and thereafter, submitted the final selection list to the respondent No.2 vide the letter dated 02/05/2017. In th