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DEVASHIS BARUAH
Kekhriesilie Richa, S/O Kechavilie Richa – Appellant
Versus
State Of Nagaland, Represented By The Chief Secretary – Respondent
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JUDGMENT :
Devashis Baruah, J.
Heard Ms. Z. Zhimomi, the learned counsel appearing on behalf of the Petitioners in the batch of writ petitions. I have also heard Mr. K. N. Balagopal, the learned Advocate General of the State of Nagaland who is assisted by Mr. T. B. Jamir, the learned counsel and Ms. T. Khro, the learned Additional Advocate General. The learned counsels representing the private Respondents have also been heard.
2. In the instant batch of writ petition, the Petitioners who meets the eligibility criteria and are unemployed youth of the State of Nagaland have assailed the appointments of 935 constables who were appointed vide various orders by the State of Nagaland and its functionaries.
3. The challenge made in the batch of writ petitions are to the appointments made in favour of the private Respondents of each of the writ petition to the respective posts wherein they were appointed and the relevant appointment orders which were enclosed to the writ petitions as Annexures are detailed herein under:
| 1. WP(C) No.189/2022 | ||
| Respondent Nos. | Name of post | Annexure |
| #6-11 | Constable | B-B5 |
| # 12-18, 20, 22-26, 28-31, 33-58 | Consta | |
Appointments to public posts must be made through a transparent process involving public advertisement to ensure equality of opportunity as mandated by the Constitution.
Appointments to public posts must follow a transparent recruitment process, including advertisement, to uphold constitutional rights to equality and fair opportunity.
The court upheld the validity of appointments made following a proper recruitment process, emphasizing adherence to constitutional mandates in public employment.
Public appointments must adhere to transparency and fairness principles under Articles 14 and 16, and petitioners lacking qualifying status cannot challenge others' appointments legally.
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.
The State must comply with court orders regarding compassionate appointments, and cannot disregard judicial decisions based on non-indigenous status or qualifications without proper legal grounds.
Candidates availing age relaxation for reserved categories cannot be selected for unreserved posts; they must be assigned to their designated category vacancies.
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