IMPORTANT POINT
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 provisions and Supreme Court precedents.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. N. Longkumer, learned counsel for the petitioner. Also heard Ms. V. Suokhrie, learned Additional Advocate General, Nagaland and Mr. T. Khezhie, learned counsel for the Respondent No. 5.

2. By invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the Petitioner herein, namely, Smt. Widunsu, approached this Court impugning the order No. ED/EST/GR-IV/APPT/DEOPEREN/ 11-12/281 dated 22.02.2017 whereby the Respondent No. 5 was appointed to the post of peon at Government Higher Secondary School (GHSS), Jalukie and the approval No. DSE/APPT-PRN/GR-III&IV/19-48/2016/1490 whereby the aforesaid appointment of Respondent No. 5 was approved. The Petitioner has prayed for setting aside the aforesaid appointment order of Respondent No. 5. The Petitioner has also prayed for directing the respondent authorities to appoint her to the said post of Peon at Government Higher Secondary School, Jalukie, on the basis of land ownership, in terms of the agreement dated 02.09.1966 and Notification No. REV/LR-1/95 dated 21.08.2003.

3. The Petitioner has stated in her writ petition that for the purpose of expansion of the township and for setting up of the District Administrative Headquarters at Jalukie, under Peren District of Nagaland, a vast land was acquired by the Government of Nagaland through district administration from Jalukie village (erstwhile Zalikie village) free of cost. In lieu of the donation of the land, an agreement dated 02.09.1966 was executed between the land owners and the Government laying down certain conditions. Condition No. 4 of the said agreement is reproduced herein below:-

“that we decline to take any compensation for the land in question but request that the Government should give every facility to our village in the Town Area such as opening of our village block, allotting plot in the town and preference for government service”.

4. The Petitioner further contends that in order to uphold and safeguard the agreement entered into between the land owners and the Government of Nagaland, a Notification bearing No. REV/LR-1/95, dated Peren, the 21st August, 2003 was notified, which is reproduced herein below:-

5. The case of the Petitioner, in brief, is that she is a permanent resident of Jalukie ‘B’ Village, under Peren District of Nagaland and a genuine land owner and had applied for appointment to a vacant post of Peon at Government Higher Secondary School, Jalukie, on land ownership basis, which became vacant due to voluntary retirement of Sri Hungambo, Peon, Government Higher Secondary School, Jalukie. The Petitioner further contends that in support of her application, the Jalukie Students Union had also written to the Minister of the concerned department to consider the case of the petitioner on land ownership basis in light of the aforementioned agreement dated 02.09.1966.

6. Petitioner further contends that against the aforementioned vacant post of Peon, three applications were received by the department including that of the petitioner’s, however,