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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
BUDI HABUNG
Punalemba S/o Shri. Taliyanger – Appellant
Versus
State Of Nagaland – Respondent
Judgment and Order :
BUDI HABUNG, J.
Heard Mr. Tongpok Pongener, learned counsel for the petitioner. I have also heard Ms. Bichano Kithan, learned Government Advocate for the respondent Nos. 1 to 4, and Mr. Alezo Kire, learned counsel for the respondent No. 5.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner prays for quashing and setting aside the appointment order No. MMC-1/EST/2005/65 dated 16.07.2019, by which the private respondent No. 5 has been appointed as Chowkidar of the Park. The petitioner also seeks directions to the respondents to consider his appointment to the said post on the basis of land ownership.
3. The petitioner claims to be one of the eligible landowners of the land on which the Town Park, Mokokchung, under the Mokokchung Town Committee (MTC), has been established. This land was donated by the petitioner’s clan to the District Administration, free of cost, in the early 1960s at the request of the then Deputy Commissioner of Mokokchung. The Park was subsequently handed over to the Mokokchung Town Committee (MTC) and renamed from ‘Kathing’s Park’ to ‘Town Park’.
4. The petitioner contends that at the time of the land do
Appointments to public posts must comply with constitutional provisions, requiring open advertisement to ensure fair competition among eligible candidates.
Employment under government policy is limited to one land owner per post, disallowing descendants from claiming rights to such appointments after an initial appointment.
The appointment of a public post must adhere to Articles 14 and 16 of the Constitution, ensuring equal opportunity through proper advertisement.
Administrative approvals for public posts must comply with Articles 14 and 16 of the Constitution, ensuring due process and advertisement.
Appointments to public service must adhere to constitutional mandates of transparency and equality, requiring open advertisement and fair selection processes.
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....
The court affirmed that government employment based on landownership is not guaranteed perpetually and must adhere to existing policies on vacancies.
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