IMPORTANT POINT
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.

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;

(i) The Agri Farm at Baghty Valley under Wokha district is established on the land donated by the land owners from two villages namely, Sunglup and Yonchucho under Wokha district by executing the agreement dated 08/07/1962, wherein, it has been agreed that, for the land acquired, the Government (Agri. Department) shall provide Grade-IV employment or pity jobs including services to the land owners in the capacity the land owners are eligible. The petitioner is a descendant of Shri. Hayipomo of Sunglup village, the Signatory No.2 in the agreement dated 08/07/1962 and by dint of that relation the petitioner has asserted that he is a land owner and therefore, eligible to be appointed to a Grade-IV post on land ownership basis in terms of the agreement dated 08/07/1962.

(ii) The petitioner is a Class-12 passed and accordingly eligible for appointment to any Grade-IV post. The petitioner having learnt that a post of Mali was lying vacant in the Office of the SDAO Baghty, Nagaland on account of the retirement of the incumbent, submitted the application dated Nil to the Director, Department of Agriculture, Nagaland, Kohima, for appointment to the post on land ownership basis. The application was forwarded by the SDAO Baghty to the Director of Agriculture, Nagaland, Kohima, by the letter dated 16/02/2022.

(iii) That the Government of Nagaland, in the department of Agriculture, however issued the letter dated 21/12/2022, conveying the approval of the Government for appointment of 15(fifteen) posts of Multi Tasking Staff (MTS) Grade-IV in the department as per the recommendation made by the Departmental Screening Committee (DSC) in its meeting held on 12/12/2022. The respondent No.5, appeared in Sl. No. 2 of the letter dated 21/12/2022 for appointment to the post of Mali under the SDAO Baghty. Pursuant thereto, the notification dated 21/12/2022 was issued by the department appointing the respondent No.5 to the said post.

(iv) Subsequent to the appointment of the respondent No.5, the land owners, both from the Yonchucho and Sunglup village submitted the representation dated 28/03/2023, to the Director, Agriculture, Nagaland, Kohima, seeking immediate revocation of the appointment of the respondent No.5 and to appoint the petitioner, a bonafide land owner from Sunglup village. The petitioner also submitted the representation dated 17/05/2023 addressed to the Commissioner & Secretary, Agriculture Department, Nagaland, Kohima as well as to the Director, Agriculture department for immediate cancellation of the appointment of the respondent No.5, and to fill up the post from amongst the bonafide and eligible land owners.

(v) That as the representation/complaint submitted by the land owners of the two villages as well as by the petitioner did not evoke any response from the authorities/department, the petitioner, leaving with no alternative remedy has filed the present writ petition.

4. Mr. Wati Jamir, the learned counsel for the petitioner, submits that, the petitioner is one of the land owners from Sunglup village who has donated the land for the establishment of the Agri Farm at Baghty, however none from the petitioner’s family has been appointed to any Grade-IV post in terms of the agreement dated 08/07/1962. On the other hand, the respondent No.5 who is no