Manto Konyak, S/o. Phanglem Konyak vs State Of Nagaland, Represented By The Chief Secretary To The Govt. Of Nagaland

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Gau) 322

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, SUSMITA PHUKAN KHAUND, JJ.
Shri Manto Konyak, S/o. Phanglem Konyak and Ors. - Appellants
Versus
The State Of Nagaland, Represented By The Chief Secretary To The Govt. Of Nagaland And Ors. – Respondents
WA No.15 Of 2023
Decided On : 27-02-2024

Advocates Appeared:
For the Appellants : Ms. Z. Zhimomi.
For the Respondents: Ms. V. Suokhrie.

Headnote:
Relaxation - Recruitment of Teachers - Rules of 2017 - 32 - The judgment discusses the legality and validity of the relaxation in educational qualifications for the recruitment of teachers under the Department of School Education, Government of Nagaland. It analyzes the relevant provisions of the Rules of 2017, the power to relax rules under Rule 32, and the distinction between eligibility conditions and qualifications. The court concludes that the relaxation given by the Nagaland Public Service Commission was contrary to the requisition made by the State Government and the Rules of 2017, and therefore dismisses the appeal.
Fact of the Case:
The case involves a dispute over the relaxation of educational qualifications for the recruitment of teachers under the Department of School Education, Government of Nagaland. The appellants participated in the recruitment process despite not possessing the required B.Ed qualification. Subsequently, the State Government rejected the recommendation for their appointment, leading to the filing of a writ petition.
Finding of the Court:
The court found that the relaxation given by the Nagaland Public Service Commission was contrary to the requisition made by the State Government and the Rules of 2017. It concluded that the recommendations made in favor of the appellants, who did not possess the B.Ed degree, were also contrary to the Rules of 2017. As a result, the court dismissed the appeal.
Issues: The main issue revolved around the legality of the relaxation in educational qualifications for the recruitment of teachers and the subsequent rejection of the recommendation for appointment by the State Government.
Ratio Decidendi: The court emphasized the distinction between eligibility conditions and qualifications, and the power to relax rules under Rule 32 of the Rules of 2017. It cited the Supreme Court's decision in State of Gujarat & Others vs. Arvindkumar T. Tiwari & Another to support its conclusion that the reliefs claimed by the appellants cannot be granted.
Final Decision: The court dismissed the appeal, stating that the relaxation given by the Nagaland Public Service Commission was contrary to the requisition made by the State Government and the Rules of 2017. It also found that the recommendations made in favor of the appellants, who did not possess the B.Ed degree, were contrary to the Rules of 2017.

JUDGMENT :

(Devashis Baruah, J.) :

This intra-Court appeal arises out of the judgment and order dated 24.11.2023 passed by the learned Single Judge in WP(C) No.339/2022 whereby the writ petition was dismissed on the grounds and reasons stated therein.

2. For the purpose of deciding as regards the legality and validity of the said judgment and order passed by the learned Single Judge, we find it relevant to take note of the brief facts of the instant case.

3. On 27.10.2008, a notification was issued by the Additional Chief Secretary to the Government of Nagaland which relates to the State policy of recruitment of teachers under the Department of School Education, Government of Nagaland. It was stipulated in the said notification that the candidates who do not possess the prescribed professional qualifications, there would be a relaxation in respect to the conditions stipulated therein. It was also mentioned that the said relaxation shall come into force with immediate effect and the said relaxation shall continue for a period of three years which shall be subsequently reviewed either for extension or discontinuance. Subsequent thereto, another notification was issued on 18.02.2010 by the Additional Chief Secretary to the Government of Nagaland wherein the relaxation in respect of candidates for the post of Post Graduate Teachers in Higher Secondary Schools in the State who do not possess the prescribed professional qualifications were enumerated. Amongst the various conditions enumerated were that every selected candidate on appointment shall undergo the prescribed professional course of B.Ed and shall complete the said course within 5 years in respect of candidates belonging to the Backward Tribes of Konyak, Chang, Khianminungam, Yimchungru, Sangtam, Phom, Chakhesang, Pochury and Zeliang and within 2 years in respect of the other Naga tribes. Further to that, it was also mentioned that the order of relaxation shall be deemed to come into effect from the date of issue of the first notification relating to relaxation of recruitment policy vice order dated 27.10.2008 and shall be valid for a period of 10 years in respect to the candidates belong to the Backward Tribes of Konyak, Chang Khianminungam, Yimchungru, Sangtam, Phom, Chakhesang, Pochury and Zeliang and for 5 years in respect to other Tribes.

4. Pursuant thereto, a significant development took place in as much as the Nagaland School Education Service Rules 2007 (herein after for short referred to as ‘the Rules of 2017) was brought into effect. These Rules have been framed in terms with the provisions of Article 309 of the Constitution. The Rules of 2017 stipulates the Rules for regulating the recruitment and conditions of service of persons appointed to the Nagaland School Education Service.

5. Rule 5 of the Rules of 2017 stipulates the method of recruitment. In terms with the said Rule, the method of recruitment to the posts specified in Schedule-I shall either by way of direct recruitment; or by recruitment from lower grades; or by promotion; or by selection through limited Departmental Examinations. In Sub-Rule (ii) of Rule 5 of the Rules of 2017, the respective quota reserved for direct recruitment and by promotion, the qualifications and conditions for direct recruitment and for promotion/placement to various grades of the service have been stated to be specified in Schedule-II.

6. Rule 6 of the Rules of 2017 stipulates the direct recruitment process pertaining to the Post Graduate Teachers. In terms with Sub-Clause(i) of Rule 6(A) the Department shall send a requisition in the form prescribed by the Commission indicating the subject(s) or academic disciplines and the number of vacancies which have arisen or were expected to arise in the service which fall within the purview of the Commission. Thereupon, on the basis of the said requisition, in terms of Sub-Clause (ii), the Commission is required to advertise the posts specifying as far as possible the terms and conditions