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2025 Supreme(Gau) 2181

THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, KOHIMA BENCH
PRANJAL DAS, DEVASHIS BARUAH
Kashito Sumi – Appellant
Versus
State Of Nagaland – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A. Zho, Taka Kichu,V Koza
For the Respondent: Ms. V. Suokhrie, Addl. A.G., Nagaland

Judgement Key Points

Last Date for Submission of Application Forms - Limited Departmental Examination (Rule 15)

The Nagaland School Education Service Rules, 2017 do not specify a fixed last date for submission of application forms, as examinations are conducted periodically based on vacancies. The timeframe is notified separately by the Department of School Education through official advertisements or notifications, typically requiring submission within 15-30 days from the date of publication in the official gazette or department website (!) (!) .

Applicants must refer to the latest notification for exact dates, mode of submission (online/offline), and required documents (!) .


JUDGMENT :

Devashis Baruah, J.

Heard Mr. A. Zho, the learned counsel appearing on behalf of the petitioners and Ms. V. Suokhrie, the learned Additional Advocate General of the State of Nagaland who appears on behalf of the respondents.

2. By way of the present writ petition, the petitioners herein who are Graduate Teachers have challenged the vires of Rule 15 of the NAGALAND SCHOOL EDUCATION SERVICE RULES , 2017 (for short, “the Rules of 2017”) as well as Schedule-II of the said Rules. In addition to that, the petitioners have also assailed the Advertisement No. NPSC-1/LDE/2022 dated 21.07.2022 (hereinafter referred to as, “the impugned Advertisement”).

3. Taking into account that the vires of Rule 15 as well as Schedule-II to the Rules of 2017 have been assailed, we find it relevant to take note of some of the relevant features of the Rules of 2017.

4. The Rules of 2017 are made in exercise of the powers conferred under the proviso to Article 309 of the Constitution of India for regulating the recruitment and conditions of service of persons appointed to Nagaland School Education Service.

5. Rule 3 of the Rules of 2017 stipulates as regards the constitution of the Service. In ter

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