Recruitment criteria cannot be altered after the selection process begins, as it violates principles of fairness and predictability under public service law.

JUDGMENT :

MANISH CHOUDHURY, J.

In this writ petition instituted under Article 226 of the Constitution of India, assail is made to an Order bearing no. G-06/4/A-III[Vol.I][Pt.] dated 03.08.2016 issued under the hand of the Commissioner & Secretary to the Governor, Governor’s Secretariat, Nagaland at Kohima, whereby, the respondent no. 6 has been appointed as a Secretariat Assistant in the establishment of the Governor’s Secretariat, Nagaland, Kohima in the Pay Band – 2 : Rs. 9,300/- – Rs. 34,800/- and Grade Pay : Rs. 4,200/- per month plus all other allowances as are admissible from time to time in Nagaland. Assail is also made to the final results prepared and declared by the Selection Board constituted for the purpose of selecting candidate for appointment to the post of Secretariat Assistant in the establishment of the Governor’s Secretariat, Nagaland, Kohima, pursuant to an Advertisement dated 21.11.2015.

2. The background facts which are relevant and are not in dispute, can be exposited, in brief, at first. The genesis of the lis is traceable to an Advertisement bearing no. G-06/4/A-II/04 dated 21.11.2015 published by the Governor’s Secretariat, Nagaland, Kohima and issued under the hand of the Commissioner & Secretary to the Governor, Nagaland. By the Advertisement dated 21.11.2015, applications were invited for filling up a vacancy in the post of Secretariat Assistant in the establishment in the Governor’s Secretariat, Nagaland, Kohima.

2.1. For ready reference, the contents of the Advertisement dated 21.11.2015 are reproduced hereinbelow in its entirety :-

GOVERNOR’S SECRETARIAT

NAGALAND : KOHIMA

No. G-06/4/A-II/04 Dated Kohima, the 21st November, 2015.

ADVERTISEMENT

Applications are invited in a plain paper giving full curriculum vitae from the serving candidates belonging to Chang, Khiamnuingan, Konyak, Phom, Sangtam and Yimchunger Tribes of State of Nagaland to fill up a post of Secretariat Assistant in the Scale of Pay of Rs. 9,300-34,800, Grade Pay 4,200/- pm [PB-2] under the establishment of Governor’s Secretariat, Nagaland, Kohima.

The application should be addressed to the Commissioner & Secretary to Governor of Nagaland, Governor’s Secretariat, Nagaland, Kohima.

Terms :

· Minimum Qualification : Graduate in any discipline from any recognized University.

· Candidate should have good working knowledge in computers.

· Age : Not less than 21 years as on 31^st October, 2015 and not more than 30 years as on 31^st October, 2015. Age relaxation of upper limit as per existing policy of the State Government, including those serving in the State Government.

· No Objection Certificate duly signed by the Head of the Department with name and Official seal indicating the date of initial appointment of the candidate is required from applicants already serving in the State Government.

· Candidates who are already in service in the identical Pay Band [PB-29300-34800, Grade Pay 4200/-pm] will be given preference.

· Candidates working on fixed pay are not eligible to apply.

· The date and venue of the written test will be intimated to the shortlisted candidates.

· The applicants are requested to clearly indicate their contact details such as email id, Phone number and proper postal address in their applications. Copies of the relevant documents along with recent passport size photograph to be