SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Gau) 1436

IN THE HIGH COURT OF GAUHATI
NANI TAGIA, J.
Ali Tallang — Appellant
Versus
State Of Arunachal Pradesh — Respondent
W.P(C) No. 86(AP) of 2020
Decided on : 11-02-2022

Advocates:
Advocate Appeared:
L.Maru Tayuk, Advocate, D.Panging, Advocate, V.Jamoh, Advocate, D.Tamuk, Advocate, M.Doji, Advocate, M.Gibi, Advocate, Marge D., Advocate, T.Tayeng, Advocate, B.Padung, Advocate, D.Kamduk, Advocate, R.Saikia, Advocate, L.Nochi, Advocate, L.Bam, Advocate, H.Ete, Advocate, B.Taipodia, Advocate, I.Bam, Advocate, Y.Linggi, Advocate, A.Apang, Advocate, N.Anju, Advocate, K.Riba, Advocate

Headnote:

Appointment - Supervisor Kanungo - The Recruitment Rules to the post of Supervisor Kanungo Rules, 2008 - The appointment of private respondents No. 6 to 10 in the post of Supervisor Kanungo (SK) in the Land Management Department, Government of Arunachal Pradesh, is found to have been made contrary to the constitutional scheme of providing equality of opportunity of participation thereby denying the petitioner's fundamental right guaranteed under Article 14 and 16 of the Constitution of India. The appointments are set aside and quashed with a further direction to the respondent authorities to fill-up the posts in accordance with the Recruitment Rules and the constitutional scheme of public employment.

Fact of the Case:

The petitioner challenged the appointment of private respondents No. 6 to 10 as Supervisor Kanungo in the Land Management Department, Government of Arunachal Pradesh, alleging violation of the Recruitment Rules of 2008 and Article 14 and 16 of the Constitution of India. The respondent authorities admitted that the appointments were made without conducting any recruitment process, citing exigency of service.

Finding of the Court:

The appointments of private respondents No. 6 to 10 in the post of Supervisor Kanungo were found to be unsustainable in law and contrary to the constitutional scheme of providing equality of opportunity. The appointments were set aside and quashed with a direction to fill-up the posts in accordance with the Recruitment Rules and the constitutional scheme of public employment.

Issues: The main issue was the legality of the appointments of private respondents No. 6 to 10 as Supervisor Kanungo in the Land Management Department, Government of Arunachal Pradesh, without conducting any recruitment process.

Ratio Decidendi: The appointments to public posts must be made in accordance with the Recruitment Rules and after affording equal opportunity of participation to each eligible candidate, as mandated by the Constitution of India. The appointments made without conducting a recruitment process were found to violate the constitutional scheme of public employment.

Final Decision: The appointments of private respondents No. 6 to 10 in the post of Supervisor Kanungo were set aside and quashed, with a direction to the respondent authorities to fill-up the posts in accordance with the Recruitment Rules and the constitutional scheme of public employment.

JUDGMENT :

NANI TAGIA, J.

Also heard Mr. Dugmar Kamduk, learned standing counsel, Land Management Department, Government of Arunachal Pradesh, appearing on behalf of official respondent Nos. 1 to 5; Ms. Nani Anju, learned counsel, appearing on behalf of respondent No. 6; Mr. Tony Pertin, learned counsel, appearing on behalf of respondent Nos. 7 and 8; and Mr. Rintu Saikia, learned counsel, appearing on behalf of respondent No. 10. However, respondent No. 9 remained unrepresented despite duly served with the notice.

2. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, with the following prayers, which are extracted, as under:

    1. A writ in the nature of certiorari should be issued quashing and setting aside the order No. LR-76/86 (Vol-IV) dtd. 10/6/2016 issued by the Director, Department of Land management by which the respondent no. 6 was appointed to the post of Supervisor Kanungo.

2. A writ in the nature of certiorari should be issued quashing and setting aside the Order No. LR-76/86 (Vol-IV) dtd. 25/1/2018 issued by the Director, Department of Land Management by which the officiating service of the respondent no.7 was regularized in the post of Supervisor Kanungo.

3. A writ in the nature of certiorari should be issued quashing and setting aside the Order No-LR-76/86 dtd. 17/7/2018 issued by the Director, Department of Land Management by which the respondent no. 8 was appointed to the post of supervisor Kanungo.

4. A writ in the nature of certiorari should be issued quashing and setting aside the Order No. LR-71/2013 dtd. 17/7/2018 issued by the Director, Department of Land management by which the respondent no. 9 was appointed to the post of Supervisor Kanungo. 5. A writ in the nature of certiorari should be issued quashing and setting aside the Order No. LR-77/86 dtd. 17/7/2018 issued by the Director, Department of Land Management by which the respondent No. 10 was appointed to the post of Supervisor Kanungo.

6. A writ in the nature of Mandamus not be issued directing of Supervisor Kanungo and fill the same through competitive examinations as per the principles of public employment and the relevant recruitment rules regulating the method of appointment to the post of Supervisor Kanungo for giving equal opportunity to all qualified and eligible candidates.

7. Pass such other order/orders as may be deemed fit and proper in the facts and circumstances so the case.

3. The facts leading to filing of the instant writ petition, briefly, stated, are, as follows: While challenging the appointment made to private respondents No. 6 to 10 as Supervisor Kanungo('SK', for short) in the Land Management Department, Government of Arunachal Pradesh, Itanagar, as indicated above; the petitioner contends that he is a citizen of India and a Scheduled Tribe of the State of Arunachal Pradesh, having his residence at Tallang village, Seppa, Arunachal Pradesh, maintaining a good academic career, had obtained Bachelor's Degree from the Government College, Seppa, which is affiliated under the Rajiv Gandhi University, Rono Hills, Doimukh, and thereafter, he had obtained the Integrated Master of Library and information Sciences from the Himalayan University, Itanagar, in 2016. The Government of Arunachal Pradesh in exercise of its power conferred under proviso to Article 309 of the Constitution of India, has framed rules to regulate the method of recruitment to the post(s) of SK in the Land Management Department under the Government of Arunachal Pradesh, namely, "The Recruitment Rules to the post of Supervisor Kanungo Rules, 2008"(hereinafter referred to as "Recruitment Rules of 2008", for short). Column 11 of the Rules, 2008, provides that the post of SK shall be filled up 50% by direct recruitment from the select list prepared on the basis of Common Recruitment Examination scheme issued vide No. OM-21/85, dt. 28/8/2006, and No. OM-54/2006, dtd. 7/1/2008, and 50% by way of promotion from amongst the serving Man

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top