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2024 Supreme(Gau) 227

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
VIJAY BISHNOI, SUMAN SHYAM, JJ.
The State of Nagaland and Others – Petitioners
Versus
Atobo S/o Late Nikheto – Respondent
W.A. Nos. 79, 80, 81 of 2023
Decided On : 12-03-2024

Advocates:
Advocate Appeared:
For the Petitioners: V. Suokhrie, K.N. Balgopal, M. Kechii.
For the Respondent: Z. Zhinomi.

Headnote:

Delay in Declaration of Result - Grade-IV Posts - Advertisement No. 1/2003-04 - [Rup Diamonds and Others vs. Union of India and Others, (1989) 2 SCC 356, Baljeet Singh (Dead) through Legal Representatives and Others vs. State of Uttar Pradesh and Others, (2019) 15 SCC 33, Bharat Sanchar Nigam Limited vs. Ghanshyam Dass and Others, (2011) 4 SCC 374] - The court considered the delay in approaching the court, the missing records, and the policy decision of the State not to fill Grade-IV posts based on interview results.

Fact of the Case:

The respondents applied for Grade-IV posts in 2003, but the result was not declared. They approached the court in 2016, seeking a direction to declare the result. The State argued that the delay of more than 12 years should bar relief.

Finding of the Court:

The court found the facts confusing and complicated. It noted the missing records and the State's policy decision not to fill Grade-IV posts based on interview results. The court held that the respondents cannot claim appointment as a matter of right.

Issues: Delay in approaching the court, missing records, and the State's policy decision not to fill Grade-IV posts based on interview results.

Ratio Decidendi: The delay in approaching the court, missing records, and the State's policy decision not to fill Grade-IV posts based on interview results influenced the court's decision.

Final Decision: The impugned judgment directing the State to declare the result was set aside, and the appeals were allowed.

JUDGMENT :

VIJAY BISHNOI, J.

1. These intra-Court appeals are filed by the State of Nagaland being aggrieved with the judgment dated 06.08.2019 passed by the learned Single Judge in writ petitions, being, WP (C) Nos. 131/2016, 139/2016 and 140/2016 whereby the learned Single Judge while disposing of the said writ petitions filed by the respondents herein, has directed the respondent State to take steps to publish the result of the selection held for Grade-IV posts in terms of the Advertisement dated 07.07.2003 as expeditiously as possible but not later than two months from the date of receipt of the certified copy of this order. The appellants have also challenged the order dated 24.02.2021 passed by the learned Single Judge in Review Pet. Nos. 7/2020, 2/2020 and 6/2020 whereby the review petitions filed by the State of Nagaland against the judgment dated 06.08.2019 have been dismissed.

2. The brief facts of the case are that the Directorate of School Education, Government of Nagaland issued an Advertisement No. 1/2003-04 dated 07.07.2003 inviting applications for the Class-III and Class-IV posts under the Department of School Education. Pursuant to the said advertisement, the respondents had applied for the Grade-IV post. It is the case of the respondents that despite having been selected by the District Selection Board, Dimapur, the authorities did not declare the result of the selection process. Being aggrieved with the non-declaration of the result, the respondents filed the aforesaid writ petitions and the learned Single Judge vide the impugned judgment dated 06.08.2019 allowed the said writ petitions by directing the respondent State authorities to declare the result of the said selection within two months. The appellant State filed interlocutory application seeking extension of time for declaration of result, which was granted by the Single Bench twice and the time for declaration of result was extended for further 45 days vide order dated 30.01.2020 passed in I.A. (Civil) No. 8/2020. After that the appellant State authorities have preferred review petitions before the learned Single Judge. However, the said review petitions came to be dismissed on 24.02.2021. Hence, the present appeals.

3. Mr. K.N. Balgopal, learned Advocate General for the State of Nagaland has submitted that the learned Single Judge has grossly erred in directing the State authorities to declare the result of the selection process, which took place way back in the year 2004, vide judgment dated 06.08.2019 without taking into consideration the fact that the respondents had approached the Court with inordinate delay of more than 12 years. It is contended that the selection took place in the year 2004 and the respondent approached the High Court in the year 2016 for the first time with the prayer for declaration of the result of the selection process which took place way back in the year 2004.

Learned Advocate General of the State has placed reliance on the decisions of the Hon’ble Supreme Court rendered in Rup Diamonds and Others vs. Union of India and Others, (1989) 2 SCC 356, Baljeet Singh (Dead) through Legal Representatives and Others vs. State of Uttar Pradesh and Others, (2019) 15 SCC 33 and Bharat Sanchar Nigam Limited vs. Ghanshyam Dass and Others, (2011) 4 SCC 374 and has argued that the Hon’ble Supreme Court in the above referred judgments has clearly held that if a litigant is not vigilant about his or her right and chose to sit on the fence till somebody else’s case came to be decided, then such litigant is not entitled for any relief. It is contended that while giving directions for declaration of result of the selection pertaining to the year 2004, the learned Single Judge has not taken into consideration this aspect of the matter and therefore, the impugned judgment is not sustainable.

It is further argued that though the State of Nagaland made sincere efforts to comply with the direction given by the learned Single Judge vide judgment dated 0

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