JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. C.T. Jamir, learned senior counsel for the appellants, assisted by Mr. I. Imchen, learned counsel and Mr. N. Mozhui, learned counsel appearing on behalf of the Health and Family Welfare Department. Also heard Mr. Moa Imchen, learned Senior Government Advocate appearing on behalf of the State respondent No. 1.

2. This appeal is directed against the Order dated 14.05.2024, passed in WP(C)/36/2023, whereby the learned Single Judge, after taking into consideration the stand of the Health & Family Welfare Department of the Government of Nagaland had directed the State respondents, more particularly, the respondent Nos. 2 & 3 to make necessary corrections to the Notification dated 02.11.2022 in respect to serial No. 4 and to notify only 3 (three) posts of the Junior Dental Surgeon which was created by the Cabinet in its meeting held on 23.06.2020 through the NPSC by Special Recruitment Drive. It was also directed that the remaining 2 (two) posts shall be filled up strictly in terms with the Nagaland Health Service Rules, 2006.

3. For appreciating the dispute in the present Appeal, this Court finds it relevant to take note of certain relevant facts which led to the filing of the instant appeal.

4. The Cabinet of the Government of Nagaland, in its meeting held on 23.06.2020, took up the agenda of recruitment of Doctors, Nurses and other Para-Medical Staff in the Health & Family Welfare Department. The Cabinet, upon deliberation of the matter at length and taking into account the unprecedented situation arising out of the COVID-19 pandemic and the need to address the inadequacies of the State Health System including shortage of manpower at requisite levels approved creation of various posts in the Department of Health & Family Welfare. It is very pertinent at this stage to mention that at Serial No. 4, the Cabinet decided creation of 3 (three) posts of Junior Dental Surgeon in the CHCs. In addition, the Cabinet also issued directions to be followed while making recruitment to those posts which are enumerated in Clause (A) to (I) of the said Cabinet Memorandum. Clause (B) categorically mentions that the Department should clearly indicate that these appointments would be temporary and regular recruitment shall be conducted through the NPSC Special Recruitment Drive.

5. Pursuant thereto, a Notification was issued on 05.07.2020, thereby framing the basic guidelines for recruitment and service conditions of Medical Officers, Nurses, Technicians and other Para-Medical Staff. The Clause (A) to (G) of the Cabinet Memorandum dated 25.06.2020 were incorporated in the Notification dated 05.07.2020.

6. Pursuant thereto, an Advertisement was issued on 16.07.2020, for recruitment on temporary basis through the Department Recruitment Board for filling up 5 (five) posts of Junior Dental Surgeon. The said Advertisement, however, refers to 2 (two) Notifications dated 26.06.2020 and 02.07.2020, which however, is not a part of the record. The said Advertisement also stipulates the terms and conditions for the post of Junior Dental Surgeon and one of such condition mentioned is that the engagement shall be for a period of one year and can be terminated any time with one month’s notice either by the employer or the employee. It was also mentioned that the appointee so appointed on the basis of the recruitment drive shall have no right to claim for regularization of the contingency service on any ground whatsoever.

7. The appellants herein duly participated pursuant to the said Advertisement in the Selection Process and they were shortlisted. The appellants were appointed vide an Order dated 03.02.2021 for a period of 12 (twelve) months only or till regular appointment is made through the NPSC, whichever is earlier. The services of the appellants were thereafter again extended vide another Notification dated 16.03.2022 for another period of one year or till the same are filled up through the NPSC, whichever is earlier.

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