Point of Law : Condition of advertisement shall be dispense with, but a fair and transparent eligibility criteria shall be adopted for the appointment with due approval of the Government.

JUDGMENT :

KAKHETO SEMA, J.

1. Heard Mr. I. Apok Pongener, learned counsel for the petitioners and Ms. Livika, learned Government Advocate for the State respondents.

2. All the writ petitions, has been filed by the petitioners, on the same set of facts, seeking for appointment to Grade-IV post, at Government High School, Sapotimi, district-Zunheboto, Nagaland, on the basis of landownership. The writ petitions are therefore disposed of by this common judgment and order.

3. The pleadings in W.P. (C) No. 309/2021, is referred to, for this judgment.

4. The petitioner in W.P. (C) No. 309/2021 hails from Sapotimi village, in the district of Zunheboto, Nagaland. The petition has been filed seeking for a direction to the State respondents to consider the appointment of the petitioner to the vacant post of Lady Hostel Attendant, at Government High School, Sapotimi, on landownership basis.

5. The petitioner in W.P. (C) No. 250/2021 hails from Sapotimi village, in the district of Zunheboto, Nagaland. The petition has been filed seeking for a direction to the State respondents to consider the appointment of the petitioner to the vacant post of Chowkidar, at Government High School, Sapotimi, on landownership basis.

6. The petitioner in W.P. (C) No. 335/2021 hails from Sapotimi village, in the district of Zunheboto, Nagaland. The petition has been filed seeking for a direction to the State respondents to consider the appointment of the petitioner to the vacant post of Peon, at Government High School, Sapotimi, on landownership basis.

7. The petitioner in W.P. (C) No. 336/2021 hails from Sapotimi village, in the district of Zunheboto, Nagaland. The petition has been filed seeking for a direction to the State respondents to consider the appointment of the petitioner to the vacant post of Helper Carpentry Instructor (HCI), at Government High School, Sapotimi, on landownership basis.

8. The case in a nutshell, as submitted by Mr. I. Apok Pongener, the learned counsel for the petitioners is that, all the petitioners are the descendants of late Khakhu Chishi of Sapotimi village. Late Khakhu Chishi sometime in the year 1920 purchased a portion of the jhum land from one Yimsen Jamir of Longsa village for a sum of Rs. 40/- (Rupees Forty) only. In the year 1953, a Primary School was established, by the village, on the land purchased by late Khakhu Chishi. The School was taken over by the Government and up-graded to Government Middle School in the year 1965, thereafter in the year 2016, the School was again up-graded to Government High School. Mr. I. Apok Pongener submits that the land where the present Government High School Sapotimi is located belongs to the Chishi clan which was originally donated for establishing the Primary School. The learned counsel for the petitioners also submits that a dispute arose over the land between the Chishi clan and the Chophi clan of the village which dragged on for quite some time, but was resolved in favour of the Chishi clan, by the D.B customary court, Suruhoto, Nagaland, by the settlement order dated 14/12/2019. It is submitted that no appeal has been preferred against the settlement order thereby establishing the rights of the Chishi clan on the land in question. The learned counsel for the petitioners further submits that persons from the other clans in the village have wrongly enjoyed the benefits of appointment from the Government on the basis of landownership, but no members from the Chishi clan has ever been appointed nor has enjoyed any privilege, against the School, despite being the lawful owners of the land.

9. The learned counsel for the petitioners also submits that, being the lawful owners of the land, the petitioners had applied for the different posts of Lady Hostel Attendant, Chowkidar, Peon and Helper Carpentry Instructor (HCI) against the School, which had fallen vacant due to the non extension of service of the adhoc employees and the death of the incumbent chowkidar. The applications submitted by the