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2025 Supreme(Gau) 2282

THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (KOHIMA BENCH)
SUSMITA PHUKAN KHAUND
Kethono Savino, D/o. Late W. Savino – Appellant
Versus
State of Nagaland, Represented By The Chief Secretary To The Govt. Of Nagaland – Respondent


Advocates Appeared:
For the Petitioner: T. B. Jamir, Meyiren Jamir, Kilem Jamir, Terchila Jamir, I. Jamir, Peter Serto
For the Respondents: Ms. V. Suokhrie, Addl. Adv. General, Ms. Livika, Government Adv., Mr. Yangerwati, CGC

Table of Content
1. appointment and mainstreaming of teachers. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8)
2. respondents' position on appointments and entitlements. (Para 10 , 11 , 12 , 13 , 14)
3. legal standards for appointment under ssa. (Para 15 , 16 , 18 , 19)
4. provisions and qualifications under the rte act. (Para 20 , 21 , 23)
5. arguments raised in relation to rte act compliance. (Para 24 , 26 , 27)
6. respondents' case against comparable claims. (Para 32 , 33 , 34 , 35)
7. findings on petitioners' claims and equal work principle. (Para 37 , 38 , 39)
8. court's directive for reconsideration of petitions. (Para 42 , 43 , 44)

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

Case of the petitioners.

1. The aforementioned writ petitions are taken up together and are disposed of by this common Judgment & Order. The petitioners of all the writ petitions are aggrieved by the order dated 30.11.2022 more particularly, Annexure-6 of the WP(C) No. 7/2025 (similar order annexed with the other writ petitions). It is submitted that all the petitioners were appointed on ad-hoc basis as Primary/Graduate Teachers on fixed pay against SSA vacancy sanctioned posts and are presently serving at various Government Primary/Midd

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