The appointment process based on landownership must adhere to established policies, ensuring proper verification and compliance with constitutional provisions.

JUDGMENT & ORDER :

DEVASHIS BARUAH, J.

Heard Mr. Limawapang, the learned counsel appearing on behalf of the petitioner. Ms. Seponglemla Chang, learned Government Advocate appears on behalf of the official respondents and Mr. Taka Kichu, learned counsel appears on behalf of the respondent no. 4.

2. By way of the present writ petition, the petitioner has assailed the Administrative approval given by the Joint Secretary to the Government of Nagaland, Kohima dated 11.12.2023, for appointment of the respondent no. 4 on landownership basis. The petitioner has also assailed that the subsequent Notification dated 13.12.2023 whereby the Principal Director, Department of School Education, Nagaland: Kohima/respondent no. 2 had issued the Appointment Order in favour of the respondent no. 4 as a Multi Tasking Staff (MTS) GR-IV at Government High School Phelungre under the establishment of the District Education Officer, Kiphire, under the Department of School Education. The merits in respect to the challenge so made by the petitioner can be ascertained only upon a narration of facts leading to the filing of the instant writ petition which is stated infra.

3. A vacancy of Chowkidar/MTS opened under the establishment of the Government High School Phelungre due to the voluntary retirement w.e.f. 31.08.2019, of one Shri Throngkiumong Sangtam, i.e., the father of the petitioner in the instant proceedings. The petitioner, who claims to be eligible, submitted his application for consideration of his case as an indigenous candidate of the said District. Along with the petitioner, two other candidates also submitted their applications, one of which is the private respondent no. 4. The application of the private respondent no. 4 for being appointed to the vacant post is on the basis of landownership, which is a policy of the State of Nagaland on the basis of a Notification issued on 05.03.2018.

4. The Deputy Commissioner, Kiphire vide Communication dated 12.01.2023, forwarded a copy of the Minutes of the Meeting on the matter pertaining to the appointment of Chowkidar at Phelungre Government High School to the respondent no. 2. The Enclosure to the said Communication is the Report submitted by the Sub-Divisional Officer (C) HQ, Nagaland wherein it was mentioned that the petitioner’s application for the post of Chowkidar at Phelungre Government High School was on the basis of the retirement of Shri Throngkiumong Sangtam. It was further mentioned that the application of the respondent no. 4 for the post of Chowkidar at Government High School, Phelungre was on the basis of landownership of the Staff Quarters located at the old School building, which is in use by the Department. It was mentioned in the said Report that as there was no written agreement nor terms and conditions with the Government could be produced, therefore, as the vacant post of Chowkidar for the Government High School building falls under the Community donated land, the issue of land-ownership should not arise. On the basis thereof, it was mentioned that the application of both the applicants for the post of Chowkidar be examined by the concerned Department and appointment be given on the basis of merit and not on the basis of landownership.

5. Basing upon the said Report submitted by the Sub Divisional Officer (C) HQ, Kiphire, the respondent no. 2 issued a Communication to the Commissioner and Secretary to the Government of Nagaland, Department of School Education and SCERT whereby three names were forwarded. It was categorically mentioned in the said Communication dated 05.05.2023 that in view of the Report submitted by the Deputy Commissioner, Kiphire issue of landownership does not arise.

6. However, pursuant thereto, on 11.12.2023, the Joint Secretary to the Government of Nagaland conveyed the Administrative Approval for appointment of the respondent no. 4 to the post of Chowkidar/MTS at Government High School Phelungre under the establishment of the District Education Officer, Phelung