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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KAKHETO SEMA, KARDAK ETE
State Of Nagaland – Appellant
Versus
Temjenliba And Anr. S/o Repachojang – Respondent
JUDGMENT :
K. Sema, J.
Heard Ms. V. Suokhrie, learned Addl. Advocate General for the appellants, and Mr. A. Zhimomi, learned counsel for the respondent No. 1 &2/writ petitioners.
2. The present appeal is directed against the judgment & order dated 04/06/2024 passed in W.P.(C) No. 22/2021, by the learned Single Judge, interfering with Note-3 appended to the Memorandum No. WH/EST/38/2008 (Pt)/153 dated 26/03/2018 by which the writ petitioners were debarred from consideration for promotion to the next higher grade on the ground that the petitioners only had the diploma in Mechanical Engineering.
3. Before adverting to the impugned judgment & order, the brief facts essentials for disposal of the writ appeal may be recited as under;
i) The Nagaland Engineering Service (Group-A and Group-B) Rules, 2012 regulates recruitment and conditions of service of all persons appointed to the Nagaland Engineering Service (Group-A and Group-B) in a) Public Works department, b) Public Health Engineering department and c) Power department.
ii) The relevant rules under the Rules 2012 necessary for reference in the present appeal is reproduced below;
Rule-3 Definition:
………………………………….
(9) “Diploma” means diploma f
The court ruled that excluding diploma holders in Mechanical Engineering from promotion based solely on their qualification is arbitrary and violates Articles 14 and 16 of the Constitution.
The debarring of the petitioners from promotion based on their engineering discipline violated their fundamental rights under Articles 14 and 16 of the Constitution, and was deemed arbitrary and unre....
Point of Law : It is a settled legal position that a stranger cannot be permitted to meddle in any proceeding, unless he satisfies Authority/Court, that he falls within the category of aggrieved pers....
When a judgment of Court was acted upon and it stood exhausted, review petition should not be entertained.
(1) Promotion – Once a person joins as an Assistant Engineer, i.e. feeder post under a separate service governed by Special Rules, 1960, then that person irrespective of how he/she has been appointed....
The main legal point established in the judgment is that individuals appointed under the diploma quota cannot switch to the degree quota for further promotion, as determined by the interpretation of ....
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