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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
YARENJUNGLA LONGKUMER
Pelingrang Hegui – Appellant
Versus
State Of Nagaland – Respondent
| Table of Content |
|---|
| 1. summary of procedural history and prior court directions regarding employment of landowners. (Para 1 , 2 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 23) |
| 2. parties' contentions on the scope of preferential treatment for land donors versus merit-based selection and applicability of estoppels. (Para 4 , 5 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 24 , 25 , 26) |
| 3. clarification that 'preference' serves as a tie-breaker for equal candidates, not a substitute for merit/eligibility. (Para 27 , 28 , 29 , 30 , 31 , 32) |
JUDGMENT & ORDER :
YARENJUNGLA LONGKUMER, J.
The petitioners in the instant writ petition claim to be landowners who had donated land free of cost for the establishment of Peren District Headquarters including the District Hospital, Peren. Their families are yet to be provided any facilities, i.e., contract, supply or appointment on the basis of landownership till date. The petitioners had filed WP(C)/19/2023, WP(C)/20/2023, WP(C)/21/2023, WP(C)/22/2023 and WP(C)/23/2023 being aggrieved by the appointments of non-landowners to substantive vacancies of Grade-IV posts under the establishment of District Hospital, Peren. This Court, by a common Order dated 12.02.20
Preference for land donors acts as a tie-breaker for equally qualified candidates, not an absolute right to appointment. Participation in a recruitment process without prior protest precludes candida....
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 esto....
The court affirmed that government employment based on landownership is not guaranteed perpetually and must adhere to existing policies on vacancies.
Appointment based on landownership was limited to the first landowner, confirming no perpetual employment rights for descendants under constitutional provisions.
A candidate who participates in a selection process cannot later contest the appointment made, especially when not challenging the entire selection process initially.
The appointment of a public servant based on land ownership is valid if made prior to the enactment of a policy limiting such appointments, which does not have retrospective effect.
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