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KAKHETO SEMA
SHENWANG KONYAK, S/O. NGAMWANG KONYAK – Appellant
Versus
STATE OF NAGALAND, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND – Respondent
JUDGMENT :
KAKHETO SEMA, J.
Heard Mr. Hisinlo Himb, the learned counsel for the petitioner, Mr. K. Angami, learned Sr. Government Advocate for the State respondents and Mr. Wati Jamir, learned counsel for the respondent No. 7.
2. The petitioner being eligible, submitted the application dated Nil 2022, to the Engineer-in-Chief, PWD, Kohima, Nagaland, for appointment to the post of peon under the establishment of the Executive Engineer PWD (Housing) DUDA, Kohima. The post in question was held by the petitioner’s father who was released from service w.e.f. 30/09/2022 on completion of 35 years of public service.
3. The petitioner while awaiting to participate in the selection process, the Government of Nagaland, in the Works & Housing Department (Establishment Branch) wrote the letter dated 17/01/2023 to the Engineer-in-Chief, NPWD, Nagaland, Kohima, conveying the approval of the Government for appointment of person to various Grade-IV post under PWD (Housing), which also included the name of the respondent No.7 for appointment to the post of Multi-Tasking Staff(MTS) under the Executive Engineer PWD(H) DUDA, Kohima. Pursuant thereto, the Engineer-in-Chief, NPWD, Nagaland, Kohima, issued
Appointments to public service must adhere to constitutional mandates of transparency and equality, requiring open advertisement and fair selection processes.
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 comply with constitutional provisions, requiring open advertisement to ensure fair competition among eligible candidates.
Post of contractual peon - Qualification - Selection Process - Preference will be given to those candidates who have already worked or working temporarily as contractual/fixed pay/wages basis in subo....
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 appointing authority should provide legally acceptable justifiable reasons for non-appointment of candidates in the waiting list, and the inaction in filling up vacant posts without justifiable r....
The central legal point established in the judgment is that public appointments must adhere to a fair process, including advertisement and proper selection, as required by law, and must maintain tran....
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