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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
SUSMITA PHUKAN KHAUND
Viseyieno Richa, W/o Mhashekhol Richa – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
1. The petitioner is aggrieved by the appointment of respondent No. 5 vide appointment order No. VET/EST-3/KMA/I/PT-I/2023-24 dated 12.08.2024 which was in violation of the Office Memorandum dated 16.08.2018 and the decision of this Court in W.A.11/2023 dated 27.03.2024, (Annexure-C1).
2. It is contended that the Clause 3(b) of OM No. LR/LAND-PLCY/5-26/2011 dated 16.08.2018 reads as:-
“3. (b)It is also clarified that it is not the policy of the Government to provide employment or other facility to the landowner in perpetuity. The employment or other facility of landowner, if permitted by a verifiable and valid agreement, is limited to the person first appointed as landowner in Government service and does not entitle his descendant for further employment or other facility on his retirement from service vacates the post. After the appointed landowner retires or vacates the post, the vacancy will be filled up through open advertisement in consonance with the existing government policy giving equal opportunity to all applicants.”
3. It is submitted that the plot of land where the present Veterinary Dispensary, Jakhama, is situated was sold to the Departm
A candidate who participates in a selection process cannot later contest the appointment made, especially when not challenging the entire selection process initially.
The appointment of a public post must adhere to Articles 14 and 16 of the Constitution, ensuring equal opportunity through proper advertisement.
Appointment based on landownership was limited to the first landowner, confirming no perpetual employment rights for descendants under constitutional provisions.
The court affirmed that government employment based on landownership is not guaranteed perpetually and must adhere to existing policies on vacancies.
A person who consciously takes part in the process of selection cannot subsequently turn around and question the method of selection and its outcome.
The appointment of a public servant based on land ownership is valid if made prior to the enactment of a policy limiting such appointments, which does not have retrospective effect.
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