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.

ORDER :

1. The petitioners, 5 (five) in nos., have joined together to institute the present writ petition under Article 226 of the Constitution of India stating that they have a common cause of action and they have a common grievance. Assail is made to a Notification bearing no. POL-B/SWR.ESTT-1/2/20(PT) dated 21.07.2022 published by the Home Department, Police ‘B’ Branch, Government of Nagaland whereby the State respondents have published a select list containing the names of 11 (eleven) nos. of candidates, who have been shown to be appointed to the vacant posts of Head Assistant (District), Accountant, Upper Division Assistant (UDA), Welfare Officer and Lower Division Assistant (LDA) respectively, on recommendation of the Selection Board. For the two posts of Head Assistant (District), the respondent no. 4 and the respondent no. 5 have been shown selected and appointed whereas the respondent no. 6 has been shown selected and appointed to the lone post of Accountant. The respondent no. 7 to respondent no. 11 have been shown selected and appointed to the five posts of UDA. The respondent no. 12 and the respondent no. 13 have been shown selected and appointed to the two posts of Welfare Officer whereas the respondent no. 14 has been shown as the selected and appointed candidate to the lone post of LDA. The appointees were directed to join in the posts within 30 days from the date of issuance of the Notification dated 21.07.2022. Apart from seeking setting aside and quashing of the appointments of those 11 (eleven) appointees, who have been arraigned as the party-respondent nos. 4 to 11 in this writ petition, the petitioners have also sought for a direction in the nature of mandamus to the respondent authorities to prepare a fresh select list strictly in accordance of the terms and conditions of the Advertisement dated 12.02.2020.

2. The genesis of the lis is traceable to a Press Release/Advertisement bearing no. POL-B/SWR/ESTT/1/1/2018 dated 12.02.2020 published by the Home Department, Police ‘B’ Branch, Government of Nagaland, whereby, applications along with all relevant documents were invited from eligible ex-Serviceman who should be retired Army, Navy and Air Force Commissioned Officers and Personnel Below Officers Rank (PBOR). By the Advertisement, applications were invited for a nos. of different categories of posts. In so far as the present writ petition is concerned, the following Class-III & Class IV (Non-Gazetted Post) vacancies are of relevance:

3. As per the said Advertisement, the last date of receipt of applications for re- employment was 21.03.2020. The posts are in the Directorate of Sainik Welfare and Resettlement, Nagaland and the Zilla Sainik Welfare Offices, Nagaland. The Advertisement mentioned that the candidates were required to produce the original documents at the time of interview. Written and typing test for clerical post would be conducted to assess the suitability for re-employment. The petitioners and the respondent nos. 4 to 14 responded to the Advertisement by submitting their applications along with the testimonials. A Notice for Interview was published on 25.11.2021 informing that the interviews of the candidates who had applied in response to the Advertisement dated 12.02.2020 for re-employment of eligible ex- Servicemen against the posts in the Advertisement in the Directorate of S