The court confirmed that agreements lacking mutual consent do not establish enforceable rights, and policies favoring landowners who donated land are not discriminatory against those who sold their land.

JUDGMENT :

KARDAK ETE, J.

Heard Ms. R. Wunchibeni Tsanglao, learned counsel for the petitioner. Also heard Mr. N. Mozhui, learned counsel for the respondent Nos. 1, 4 & 6; Mr. M. Longkumer, learned Government Advocate for the respondent Nos. 2, 3 & 5 and Mr. N. M. Konyak, learned counsel for the respondent No. 7.

2. By filing this Writ Petition, the Petitioner has challenged the Notification dated 05.03.2018 issued by the Chief Secretary, Government of Nagaland, particularly Clause 3(a) thereof, whereby it is provided that in cases prior to 26.07.2005 and subsequent to the setting up of Administrative and Block Headquarters on freely donated land, where a specific written agreement exists providing for employment to the landowner, the claim of such landowner for employment shall be settled in terms of the said agreement. The Petitioner has also challenged the Minutes of the Meeting of the District Screening/Selection Committee, Wokha dated 17.05.2023, whereby the shortlisted Grade-IV candidates under the Chief Medical Officer (CMO), Wokha, including the private Respondent No. 7 herein, were forwarded, as well as the consequential Appointment Order dated 05.12.2023. The Petitioner further prays for a direction to appoint him to the Grade-IV post of Chowkidar at Sub-Centre Aitepyong under the CMO, Wokha, in terms of the Agreement dated 22.05.1994, which stipulates preference for appointment on the basis of land ownership.

3. Briefly put, the case of the Petitioner is that he is the grandson of Shri Mhontsen Humtsoe, a landowner of the plot of land on which the Sub-Centre at Aitepyong, Lakhuti Village, Wokha, has been established. The Petitioner, being the grandson of the landowner, is seeking appointment to Grade-IV post in the Government Service. An agreement was executed on 22.05.1994 by the grandfather of the Petitioner with the Government of Nagaland, whereby land measuring 130 x 200 Ft., along with a residential quarter, was sold for a sum of Rs. 3,00,000/- (Rupees three lakhs) with the condition that as and when any Grade-IV post becomes vacant in the said Sub-Centre/Dispensary, first preference would be given to the landowner.

4. The petitioner projected that the respondent authorities, without giving the due preference to the landowner, appointed the father of Respondent No. 7 of Lakhuti Village as Chowkidar at the Aitepyong Sub-Centre under the CMO, Wokha. Later, in 1999, when another vacancy arose, then also one Shri A. Yentsao of the same village was appointed as Medical Attendant.

5. It is the contention of the petitioner that, since an agreement was executed stipulating for preference to the landowner for appointment to a Grade-IV post whenever a vacancy arises, the landowner ought to have been given preference for appointment to Grade-IV post. However, the respondent authorities have ignored the claim of the petitioner, time and again thereby violating the agreement dated 22.05.1994. In the meantime, other landowners from the same village were appointed to vacant Grade-IV posts. As on date, no member of the petitioner’s family has been appointed on the basis of land ownership, despite the clear terms of the agreement with the Government. The Village Council and the Head Gaon Burah of Lakhuti Village have certified that the petitioner’s grandfather is the sole landowner of the plot on which the present Sub-Centre at Aitepyong, Lakhuti Village, has been established.

6. The private respondent No. 7, by filing an application, applied for the post of Chowkidar on compassionate grounds due to the death of her father. Accordingly, the respondent a