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KAKHETO SEMA
Lichamo Yanthan S/o Mhonthung Yanthan – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT & ORDER :
Heard Mr. Wati Jamir, learned counsel for the petitioner, Ms. A. Ayemi, learned Government Advocate for the State respondents and Mr. Tongpok Pongener, learned counsel for the respondent No.5.
2. The present writ petition has been filed to quash and set aside the notification dated 21/12/2022 issued by the Government of Nagaland, Directorate of Agriculture, Nagaland, Kohima appointing the respondent No.5 as Mali under the establishment of the Sub-Divisional Agriculture Officer (SDAO) Baghty, in the district of Wokha, Nagaland and to appoint the petitioner to the said post on land ownership basis.
3. The facts of the case, in brief, as projected by the petitioner are as follows;
A petitioner must come to court with clean hands and disclose all material facts; failure to do so can result in dismissal of the claim.
The appointment of a public servant based on land ownership is valid if made prior to the enactment of a policy limiting such appointments, which does not have retrospective effect.
The appointment of a public post must adhere to Articles 14 and 16 of the Constitution, ensuring equal opportunity through proper advertisement.
The main legal point established in the judgment is that an agreement for appointment on landownership basis must comply with government policies on land acquisition and appointment to Grade-IV posts....
The court confirmed that agreements lacking mutual consent do not establish enforceable rights, and policies favoring landowners who donated land are not discriminatory against those who sold their l....
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