Employment benefits derived from land donation are not perpetual or hereditary and are exhausted upon the initial appointment. Furthermore, a candidate who participates in a selection process is estopped from questioning its validity upon failing to secure the position.

JUDGMENT & ORDER :

PRANJAL DAS, J.

Heard Mr. Hisinlo Himb, learned counsel for the petitioner. Also heard Ms. A. Ayemi, learned Government Advocate for the State respondents and Mr. L. Iralu, learned counsel appearing for the private respondent No. 5.

2. The petitioner, namely Shri. Seyienekho has invoked the provisions of Article 226 of the Constitution of India, aggrieved by his non-selection in the interview dated 17/08/2023 conducted by the Selection Board for the post of Medical Attendant at the Tsiepama Sub-Centre under the Directorate of Health & Family Welfare, Kohima, Nagaland.

3. The factual matrix projected by writ petitioner is that his uncles, Visakholie Kuotsu and Seyieleto Kuotsu had donated land measuring 30,000 square feet where the Tsiepama Sub-Centre of the Health & Family Welfare Department was constructed in 2011. It is stated that a written agreement was executed on 20.07.2011 between the Village Council and his uncles regarding the land donation and to provide Grade-IV post to the landowner in lieu of allotment of land. Subsequently, one Grade-IV post of Medical Attendant fell vacant upon retirement of the incumbent whereupon the petitioner applied seeking the post on land ownership basis. His application was forwarded by the CMO Dimapur to the Principal Director in the Directorate of the Department. The SDO (Civil) Medziphema and said Tsiepama Village Council have also issued a certificate for appointing the petitioner. It is stated that the Principal Director, Health & Family Welfare, vide letter No. DHFW-3/520/DMP/2019 dated 28/11/2022 wrote a letter to the Chief Medical Officer, Dimapur, Nagaland for constituting the Screening Selection Board and forwarded 8(eight) applications against the vacancy and later interview was conducted on 17/08/2023 and pursuant thereof, the respondent No. 5 was appointed in the said post.

4. The petitioner has contended that subsequently despite the recommendation of the Selection Board in favour of the other candidate, the respondent No. 5 who was not recommended was approved and illegally appointed. The petitioner is also aggrieved by his non-selection and non-appointment and has filed the writ petition for that reason as well. He has annexed with the writ petition, a copy of the agreement between his uncles and the Village Council.

It is stated by the petitioner that the Office Memorandum dated 07/12/2016 issued by the Personnel and Administrative Reforms Department, Government of Nagaland lays down the constitution of such Departmental Screening Committee for such selection and it has to be comprised of the following persons:

“Government of Nagaland

Personnel and Administrative Reforms Department (Administrative Reforms Branch)

OFFICE MEMORANDUM

No. AR-3/Gen-174/2007(Pt) Dated, Kohima the 7^th December, 2016.

Subject: Procedure for filling up of Grade-III & IV Posts in the Departments.

The existing policy and procedure for filling up of Grade-III and Grade-IV posts under the State Government, including the District Offices, has been further reviewed and it has been decided t