JUDGMENT :

The petitioner is aggrieved by the Office Letter No. HFW(A)-8/53/2018/239 dated 22.10.2018, of the Under Secretary to the Government of Nagaland, Health & Family Welfare Department giving approval for appointment of the private respondent (respondent No. 12) and the consequential office Order No. DHFW-3/VACANCY/GR-IV/KPE/2017-18/7271-75 dated 25.10.2018 of the Principal Director, Directorate of Health & Family Welfare appointing the same respondent to the post of Medical Attendant at Longya Sub-center under the establishment of the Chief Medical Officer, Kiphire ignoring her application for appointment to the same post on land-ownership basis. Therefore, she is before this Court challenging the two documents and praying for quashing and setting them aside and to appoint her in place of the private respondent No. 12.

2. Heard Mr. I. Imti Longchar, learned counsel appearing for the petitioner, Ms. Anungla Lkr, learned counsel appearing for respondent Nos. 8 to 11, Ms. Apila Sangtam, learned counsel appearing for respondent No. 12, and Ms. Suponglemla, learned Government Advocate appearing for the State respondents.

3. The facts and circumstances which led to the filing of the writ petition briefly stated are as follows: In 1980, due to the need for a plot of land for establishment of a Dispensary and construction of Departmental quarters at Yingphire and Thangthure Village, the Government of Nagaland, represented by the Circle Officer of Seyochung, and the land owners who are from the two villages signed an agreement on 18.11.1980, for a plot of land measuring about 24,255 Sq. Metres. In that written agreement, the land owners agreed to donate their land measuring as stated above and also agreed to give more lands if necessary. Following the agreement signed by the parties, the Dispensary was established and the quarters were constructed on the land donated by the land-owners of the two villages. After many years, one of the medical attendants of Longya Sub-Center namely, P. Tsalise Sangtam, retired from service on superannuation and he was released by Office Order No. DHFW-3/520/KPE/2009/Pt-1/459-66 dated 10.04.2018, issued by the Principal Director, Directorate of Health & Family Welfare, Nagaland, Kohima. Following issuance of the above stated order, the petitioner submitted an application to the Principal Director, Directorate of Health & Family Welfare, praying for appointment to the same post on land-ownership basis. The application was supported with the following documents as mentioned in the writ petition:

“(i) “Affidavit of Declaration of Land Donation” made in presence of Chief Medical Officer, Kiphire, Nagaland, and Head GB of Thangthure village, sworned before First Class Magistrate, Kiphire, Nagaland with Regd. No. DC/KPE-09 dated 17.04.2018 (Annexure-4) to the effect that the Deponent Shri Holishe, S/o Shri Pilongse, is the sole owner of the land measuring approximately 200X200 sq.ft. for upgradation of Primary Health Center (PHC) at Longya under Thangthure and Yangphire village jurisdiction.

(ii)”No Objection Certificate” dated 12.04.2018 (Annexure-5) issued by the Chairman, Village Health Committee, Longya certifying that Shri Holishe Sangtam, S/o Shri Pilongse is the sole owner of the land occupied by Public Health Center (PHC), Longya and recommended the petitioner Shmt. Throngpenthsi Sangtam, daughter-in-law of Shri Holishe Sangtam for appointment to the post of Medical Attendant, Grade-IV at Longya Sub-center, Kiphire, Nagaland

(iii) Recommendation Certificate dated 17.04.2018 (sic 27.04.2018) (Annexure-6) from the Office of the Thangthure Village Council Court, B.P.O. Seyochung, District, Kiphire, Nagaland, signed by the Chairman, stating that Shri Holishe Sangtam S/o Shri. Pilongse Sangtam has donated a plo