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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
YARENJUNGLA LONGKUMER
Temsukumzuk Pongen S/o Shri Imkongramok Pongen – Appellant
Versus
State of Nagaland – Respondent
| 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
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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