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KAKHETO SEMA
Kahoshe Chishi, S/O Nikuto – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT
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 pe
The court established that the petitioners had no right to claim appointment against the donated land and were not eligible for appointment under the notification dated 05/03/2018.
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.
The court established that agreements favoring landowners for government employment do not negate the requirement for a fair and transparent recruitment process, as mandated by constitutional provisi....
The main legal point established in the judgment is that an agreement for appointment on landownership basis must comply with government policies on land acquisition and appointment to Grade-IV posts....
The court affirmed that government employment based on landownership is not guaranteed perpetually and must adhere to existing policies on vacancies.
Employment benefits based on historical land agreements are governed by current policy and limited in scope, not perpetuity. Additionally, the judiciary is restricted to the pleadings presented and c....
A petitioner must come to court with clean hands and disclose all material facts; failure to do so can result in dismissal of the claim.
Appointment based on landownership was limited to the first landowner, confirming no perpetual employment rights for descendants under constitutional provisions.
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