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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
YARENJUNGLA LONGKUMER, J.
Temsukumzuk Pongen S/o Shri Imkongramok Pongen – Appellant
Versus
The State of Nagaland and Others – Respondents
WP (C) Nos. 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 208 of 2023
Decided On : 12-11-2025
| Table of Content |
|---|
| 1. writ petitions challenging contract appointments based on educational qualifications. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. arguments on the legality of appointments against the office memorandums. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 3. analysis on maintainability, locus standi, and discrepancies in the writ petitions. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 70 , 71 , 72 , 73 , 74) |
| 4. principles of appointment and exception to regularization as per the uma devi case. (Para 68 , 69) |
| 5. writ petitions dismissed on grounds of maintainability. (Para 75) |
JUDGMENT :
YARENJUNGLA LONGKUMER, J.
1. The instant batch of writ petitions being similar in nature and arising out of the same issues are being disposed of by this common judgment and order.
2. The brief facts of the petitioners case in WPC/188/2023 is that the petitioners possess the educational qualification of M.Com with NET and are eligible to appear in any competitive exam for the post of Assistant Professor Commerce. The petitioners have come before this Court challenging the appointments of the private respondent Nos. 5 to 11 as Assistant Professor allegedly through the backdoor in violation of Office Memorandum dated 07.07.1976, 26.02.2001 and 06.06.2016. These Office Memos prohibit direct recruitment without publicly inviting applications for the post and has also banned appointment on contract basis. The petitioners have therefore, come before this Court praying for a direction to quash and set aside the impugned appointment orders and the extension orders of the respondents Nos. 5 to 11. And also for a direction to requisition the 3(three) sanctioned post of Assistant Professors held by the respondent Nos. 5, 6 and 10 to the NPSC for advertisement and also to advertise the 4(four) non sanctioned post of Assistant Professors held by the respondent Nos. 7, 8, 9 and 11 in accordance with law.
3. In WPC/189/2023, the petitioners are Master Degree holders in Political Science with NET. In this writ petition, the petitioners have challenged the contract appointments of the private respondents Nos.5 to 13. And similar prayers have been made as in WPC/188/2023.
4. In WPC/190/2023, the two petitioners have the qualification of MA in English with NET and they have challenged contract appointments of the private respondents Nos. 5 to 12 and similar prayers had been made on the same grounds as in the other writ petitions. Subsequently petitioner no.1 has been deleted from the array of writ petitioners by an order dated 04.10.2024.
5. In WPC/191/2023, the petitioners have the qualification of MA in History with NET and have challenged the contract appointments of respondents Nos. 5 to 14.
6. The petitioner No. 1 in WPC/192/2023, has the qualification of MA in Psychology and the petitioner No. 2 has the qualification of MA in Philosophy and both the petitioner have NET qualification. The petitioners have challenged the contract appointments of the private respondents Nos. 6, 7 and 8.
7. The petitioners in WPC/193/2023, have qualification of MA in Environmental Studies with NET qualification. The writ petitioners have challenged the contract appointment of respondent Nos.5.
8. In WPC/194/2023, the petitioners have the qualification of MA in Economics with NET. Challenge is made to the contract appointment of respondents Nos.5 to 17. Subsequently petitioner no.2 has been deleted from the array of writ petitioners.
9. In WPC/195/2023the petitioners have qualification of MA in Anthropology with NET and are challenging the contract appointment of the private respondents Nos.5, 6, 7 and 8.
10. In WPC/96/2023, the petitioner is an MA in Sociology with NET. Petitioner has challenged the contract appointments of the Private respondents Nos.5 to 9, 11 to 18.
11. WPC/197/2023 rela
Public appointments must follow transparent processes and respect established regulations; the court dismissed petitions due to lack of maintainability and proper standing.
Public appointments must adhere to transparency and fairness principles under Articles 14 and 16, and petitioners lacking qualifying status cannot challenge others' appointments legally.
Employers must clearly specify the nature of appointments in job advertisements; failure to do so leads to regularization of initially contractual positions when recruitment processes are followed.
Appointments in public service must adhere to the order of merit as recommended by the relevant authority, and back-door entries are impermissible.
Point of law; It is clearly clarified in this judgment also in line with the earlier judgments also that unless and until the original appointment is a “regular recruitment” in accordance with “the r....
Appointments to public posts must be made through a transparent process involving public advertisement to ensure equality of opportunity as mandated by the Constitution.
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