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2025 Supreme(Gau) 2176
THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, KOHIMA BENCH
ASHUTOSH KUMAR, CJ., ARUN DEV CHOUDHURY, J.
Dr. Japheth Thono And Ors. - Appellant
Versus
State Of Nagaland And Ors. - Respondent
WA No. 25, 32 of 2025
Decided On : 11-12-2025
Advocate Appeared:
For the Appellant :T. B. Jamir, Advocate, Joshua Sheqi
For the Respondent: Govt Adv NL
The court affirmed that exceptional measures for employment during emergencies are permissible, provided they are transparent and do not violate statutory protocols.
Headnote:(A) Constitution of India - Articles 14 and 16 - Employment - Extraordinary circumstances for regularization of temporary medical staff during COVID-19 pandemic - State's cabinet decision to conduct a special recruitment drive challenged - Petitioners lacked locus standi as they were not qualified at the time of private respondents' engagement - Exceptional measures permissible under extraordinary situations, provided no statutory prohibition - Regularization process found transparent, structured, and rational; classification of COVID appointees as a separate class justified. (Paras 32, 34, 38, 39, 53)
(B) Writ Jurisdiction - Locus Standi - Only aggrieved persons possessing a legal right may maintain a writ petition under Article 226 of the Constitution, requiring a demonstrable infringement of rights to challenge state policy - Both sets of appellants found ineligible for the initial recruitment and thus lacked standing. (Paras 21, 22, 32)
Facts of the case:
The appeals were against the dismissal of writ petitions challenging the state's decision to regularize COVID-19 appointees through a special recruitment drive initiated in August 2024. The appellants argued that the process violated recruitment rules.
Findings of Court:
The learned Single Judge held that the petitioners did not have the necessary qualifications and therefore lacked locus standi to challenge regularization of the private respondents, who were appointed during the pandemic under a due selection process.
Issues: Whether the appellants had locus standi to challenge the policy decision for regularization of COVID-19 appointees and whether the recruitment drive violated statutory rules.
Ratio Decidendi: The court upheld the government’s authority to conduct a one-time special recruitment during extraordinary circumstances, emphasizing adherence to transparency and rationality, while maintaining the right to conduct regular recruitment through the public service commission when appropriate.
Result: Appeals dismissed.
| Table of Content |
|---|
| 1. summary of facts leading to litigation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. process of recruitment for medical positions. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 3. contentions against recruitment process violations. (Para 17 , 18 , 19 , 20) |
| 4. court's findings on locus standi. (Para 21 , 22) |
| 5. analysis of eligibility and appointment processes. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 6. court's decision on merits of special recruitment. (Para 31 , 32 , 33 , 34 , 35) |
| 7. constitutional authority for special measures. (Para 36 , 37 , 38 , 39 , 40) |
| 8. legal basis for deviation from normal recruitment. (Para 41) |
| 9. prediction of a distinct class of covid responders. (Para 42 , 43 , 44 , 45) |
| 10. discussion on regularisation and policy authority. (Para 46 , 47 , 48 , 49 , 50) |
| 11. conclusion on the legality of the policy. (Para 51 , 52 , 53) |
| 12. comparison to precedent cases. (Para 54 , 55) |
| 13. final ruling on the appeals. (Para 56 , 57 , 58) |
JUDGMENT & ORDER :
ARUN DEV CHOUDHURY, J.
1. These two appeals challenge the common judgment and order dated 01.08.2025, passed by the learned Single Judge in WP(C) No.239/2024 and WP(C) No. 187/2024.
2. By the aforesaid common judgment and order, the learned Single Judge dismissed both the writ petitions filed by the appellants, questioning the Cabinet decision dated 6.8.2024; the communication dated 20.08.2024; and a letter whereby a special recruitment drive was initiated for the regularisation of services of doctors who were engaged during the COVID-19 pandemic.
3. The essential facts which are necessary for proper adjudication of the issues at hand, in a nutshell, are that during the COVID-19 crisis period, the State Cabinet, Nagaland, in its meeting held on 1st June 2020, after reviewing the status of arrangements for the COVID-19 pandemic, amongst others, decided in principle to recruit medical personnel like doctors, nurses, etc.
4. Thereafter, the Health Department was asked to provide a formal proposal regarding the manpower requirement. The Cabinet considered the Health and Family Welfare Department's proposal in its meeting dated 11.06.2020.
5. After taking note of the COVID-19 pandemic and the prevailing extraordinary situations, the views of the P&AR Department, financial implications, opined for the urgent requirement of health care personnel, including doctors. And accordingly, approved the proposal of the Health and Family Welfare Department for the creation of certain posts.
6. Subsequently, posts were created, and, in its meeting held on 23.06.2020, the State Cabinet directed that these newly created posts be filled by the Health Department within a month, with prior advertisement.
7. It was further provided that, while filling up the post, due weightage should be given to the marks obtained by candidates in the qualifying degree and the years of experience. It also mandated that the interview panel should include independent experts from outside the state. It was also decided that the appointment order should clearly indicate that the appointments are temporary and that regular recruitment shall be conducted through a special Recruitment Drive by the Nagaland Public Service Commission.
8. Subsequently, posts were advertised, and suitable candidates were selected, including the private respondents and appellants in WA No. 32/2025.
9. They were appointed in November 2020. Such engagement was for a period of 12 months or until regular appointments are made through the Nagaland Public Service Commission, whichever is earlier. It was also clarified that the appointees shall have no right to claim regularisation.
10. The private respondents continued to serve after the due extension of their services. However, the appellants in WA No.32/2025 resigned from their respective services to pursue higher studies.
11. Subsequently, the State cabinet, on 13th May 2022, decided to conduct a special recruitment drive for medical officers and junior dental surgeons under the Nagaland He
