IMPORTANT POINT
Appointments to public service must adhere to constitutional mandates of transparency and equality, requiring open advertisement and fair selection processes.

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 the office order dated 17/01/2023 appointing the respondent No.7 as Multi-Tasking Staff(MTS) under the Executive Engineer PWD(Housing) DUDA, Kohima against resultant vacancy.

4. It is the case of the petitioner that the appointment of the respondent No.7 has been made without any advertisement and without inviting application from the eligible candidates and also without conducting any selection process and therefore, the appointment of the respondent No.7 is against the constitutional scheme for appointment to public service and in violation of Article 14 and 16 of the Constitution of India. It is further the case of the petitioner that the appointment of the respondent No.7 is also in violation of the O.M dated 04/06/2016, issued by the Government of Nagaland, Personnel & Administrative Reforms Department (Administrative Reforms Branch) which inter-alia provides that all the direct recruitment vacancies occurring in Grade-IV post, in the district offices shall be filled up by the indigenous inhabitants of the respective districts and such appointment shall be made through open advertisement by the District Selection Committee to be constituted by the respective Deputy Commissioner’s of the district.

5. Mr. K. Angami, the learned Sr. Government Advocate in support of the case of the official respondents, has solely relied on the O.M dated 03/03/2022, issued by the Government of Nagaland, Personnel & Administrative Reforms Department (Administrative Reforms Branch), Nagaland, Kohima, by which the Government has dispensed with the conditions of advertisement, for removing difficulties, for appointment to Group-D post such as Chowkidars, Malis and Peons which are mostly filled up by the land owners and on compassionate grounds, so long as a fair and transparent process is followed and the appointment is made with the approval of the Government. On a pointed query by this Court, as to what transparent method was adopted by the department for appointment of the respondent No.7 to the post in question and as to whether the respondent No.7 was appointed on land ownership basis or against compassionate appointment, the learned Government Advocate has submitted that the respondent No.7 was neither appointed on land ownership basis nor against compassionate scheme, but the appointment of the respondent No.7 was made with the prior approval of the Government.

6. Mr. Wati Jamir, the learned counsel for the respondent No.7 submits that both the petitioner and the respondent No.7 applied for the post of peon under the establishment of the Executive Engineer, Directorate of Under Developed Areas (DUDA) and the respondent authorities finding the respondent No.7 more suitable for appointment to the post in question issued the letter dated 17/01/2023 conveying the ap