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MANISH CHOUDHURY
Kezhalesa Kuotsu S/O Kedoru Kuotsu – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
Heard Ms. Z. Zhimoni, learned counsel assisted by Mr. Toshi O. Longkumer and Mr. Abel Ayemi, learned counsel for the petitioners; Mr. L.T. Sangtam, learned Additional Advocate General, Nagaland along with Mr. V. Zhimomi, learned Government Advocate, Nagaland for the respondent no. 1; Mr. T.B. Jamir, learned counsel for the respondent nos. 2 to 5; and Mr. Tongpok Pongener, learned counsel for the respondent nos. 6 to 45.
2. In this writ petition, the petitioners, 15 [fifteen] in nos., have assailed the appointments made in favour of the respondent nos. 6 to 45 as Sub-Inspector of Police [SI]/Unarmed Branch Sub-Inspector of Police [UBSI]/Assistant Sub-Inspector of Police [ASI]/Instructor Havildar in Nagaland Police by the State respondent authorities on different dates in the years 2019 and 2020, vide Orders of Appointment, annexed as Annexure-B to Annexure-B-37 to the writ petition.
3. The main ground to assail the Orders of Appointments of the respondent nos. 6 to 45 is that the State respondent authorities had appointed the respondent nos. 6 to 45 without undertaking any valid process of recruitment and without publication of any kind of advertisement. It is the case of th
Appointments to public posts must follow a transparent recruitment process, including advertisement, to uphold constitutional rights to equality and fair opportunity.
Appointments to public posts must be made through a transparent process involving public advertisement to ensure equality of opportunity as mandated by the Constitution.
The court upheld the validity of appointments made following a proper recruitment process, emphasizing adherence to constitutional mandates in public employment.
Eligibility for ex-servicemen posts must be assessed as of the last date of application submission, and selections made contrary to this principle are invalid.
(1) When appointment of candidates is a nullity in law making them disentitled to hold posts, principles of natural justice were not required to be complied with, particularly when same would be noth....
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