GAHC020005342025 2025:GAU-NL:605-DB

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

KOHIMA BENCH

Case No. : WA/22/2025

THE COMMISSIONER AND SECRETARY AND 4 ORS

GOVT. OF NAGALAND, GOVERNORS SECRETARIAT, KOHIMA

NAGALAND

2: SARAH R. RITSE

MEMBER SELECTION BOARD

CONSTITUTED BY THE GOVERNORS SECRETARIAT

C/O GOVERNORS SECRETARIAT

NAGALAND KOHIMA

3: MOTUO SOTE

MEMBER SELECTION BOARD

CONSTITUTED BY THE GOVERNORS SECRETARIAT

C/O GOVERNORS SECRETARIAT

NAGALAND KOHIMA

4: SAROJ KUMAR SAHOO

MEMBER SELECTION BOARD

CONSTITUTED BY THE GOVERNORS SECRETARIAT

S/O GOVERNORS SECRETARIAT

NAGALAND KOHIMA

5: GEORGE

MEMBER SELECTION BOARD

CONSTITUTED BY THE GOVERNORS SECRETARIAT

S/O GOVERNORS SECRETARIAT

NAGALAND KOHIM

VERSUS

SMTI. NEIZELHOUNUO THUR AND ANR

LDA CUM COMPUTER ASSISTANT, OFFICE OF THE ASSISTANT

GENERAL MANAGER, NAGALAND STATE TRANSPORT

DEPARTRMENT, KOHIMA NAGALAND

2:SMTI. LUCY KONYAK SECRETARIAT ASSISTANT GOVERNORS SECRETARIAT NAGALAND KOHIMA-79700 Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : A. ZHO (R-1), V KOZA,TAKA KICHU Linked Case : WA/9/2025 SMTI. LUCY KONYAK SECRETARIAT ASSISTANT GOVERNORS SECRETARIAT NAGALAND KOHIMA-797001 VERSUS SMTI NEIZELHOUNUO THUR AND 5 ORS LDA CUM COMPUTER ASSISTANT OFFICE OF THE GENERAL MANAGER NAGALAND STATE TRANSPORT KOHIMA NAGALAND

2:THE COMMISSSIONER AND SECRETARY TO THE GOVERNOR OF NAGALAND GOVERNORS SECRETARIAT NAGALAND KOHIMA

3:SARAH R. RITSE MEMBER SELECTION BOARD CONSTITUTED BY GOVERNORS SECRETARIAT C/O GOVERNORS SECRETARIAT NAGALAND KOHIMA

4:MOTUO SOTE MEMBER SELECTION BOARD CONSTITUTED BY GOVERNORS SECRETARIAT C/O GOVERNORS SECRETARIAT NAGALAND KOHIMA

5:SAROJ KUMAR SAHOO MEMBER SELECTION BOARD CONSTITUTED BY GOVERNORS SECRETARIAT C/O GOVERNORS SECRETARIAT NAGALAND KOHIMA

6:GEORGE MEMBER SELECTION BOARD CONSTITUTED BY THE GOVERNORS SECRETARIAT C/O GOVERNORS SECRETARIAT NAGALAND KOHIMA ------------

– B E F O R E –

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY For the Appellant(s) : Mr. Taka Masa, Senior Advocate, assisted by Mr. Arenlong and Mr. K. Angami, Advocates.

For the Respondent(s) : Mr. A. Zho, Advocate.

Date on which judgment is reserved : 04.12.2025.

Date of pronouncement of judgment : 05.12.2025 Whether the pronouncement is of the operative part of the judgment? : Not applicable.

Whether the full judgment has been pronounced? : Yes.

J & O ( )

UDGMENT RDER CAV (Ashutosh Kumar, CJ)

Both these appeals have been preferred challenging the judgment dated 16.05.2025, passed by a learned Single Judge of this Court in WP(C) No. 182/2016.

2. We have heard Mr. Taka Masa, learned Senior Advocate assisted by Mr. Arenlong and Mr. K. Angami, learned Advocates for the appellants and Mr. A. Zho, learned Advocate for the respondents.

3. Pursuant to an advertisement dated 21.11.2015, issued by the Governor’s Secretariat, Nagaland, Kohima, seeking applications along with CV from serving candidates belonging to 6(six) tribes of Nagaland, namely, Chang, Khiamnuingan, Konyak, Phom, Sangtam and Yimchunger for filling up a post of Secretariat Assistant in the Scale of Pay of Rs. 9,300-34,000/- with Grade Pay of Rs. 4,200/- per month (Pay Band-2) under the establishment of Governor Secretariat, Nagaland, Kohima, both the appellant in WA

9/2025 and the respondent No. 1 had applied.

4. The appellant in WA 9/2025, namely, Lucy Konyak, was declared successful vide Notification dated 03.08.2016 and was appointed as Secretariat Assistant under the establishment of Governor Secretariat, Nagaland, Kohima. The appointment was purely on probation for a period of 1(one) year from the date of assuming charge.

Be it noted that prior to this appointment, the appellant in WA No. 9/2025 had been serving as a Senior Inspector of Cooperative Societies in the office of the Assistant Registrar of Cooperative Societies, Mon District.

5. The appointment of Lucy Konyak was challenged by the respondent No. 1 by filing a writ petition on the ground that the “rules of the game” for selec