A select list challenged during its validity period remains operative until the final disposal of the case; an ineligible candidate must be removed, and the next candidate on the merit list is entitled to the appointment.

ORDER

Heard Mr. Limawapang, Learned Counsel for the Petitioner. Also heard Mr. I Imsong, Learned Addl. Advocate General appearing for Respondent Nos. 1, 2 & 3 and Ms. Rovimeno Thou, Learned Counsel appearing for Respondent No. 4.

2. The Petitioner, in the present Writ Petition, has presented a challenge to the selection and appointment of the Respondent No. 4, against the post of Sweeper, in the establishment of the Additional Deputy Commissioner, Pughoboto, District- Zunheboto, on the ground that the Respondent No. 4 was not an indigenous inhabitant of the district, in question.

3. The facts in brief, requisite for adjudication of the issue, arising in the present Writ Petition, is noticed as under :

3.1. The Commissioner, Kohima, Nagaland, had issued an advertisement dated 17.01.2018, inviting applications for filing up of various Grade-III, as well as, Grade-IV posts, available in different district establishments, including a Grade-IV post, available in the Office of the Deputy Commissioner, Zunheboto, Nagaland.

3.2. In terms of the eligibility criterias set out in the said advertisement, an applicant should be an indigenous inhabitant of the district.

3.3. The petitioner, in pursuance to the said advertisement, submitted her application for recruitment against the Grade-IV post, available in the establishment of the Additional Deputy Commissioner, Pughoboto. The Respondent No. 4 had also submitted her application against the said post. Thereafter, a selection was held in the matter and a select list came to be published on 28.02.2019. In the select list, so published, the Respondent No. 4 was placed at Sl. No. 1 while the petitioner was so placed at Sl. No. 2, on merits.

3.4. In terms of the selection of the Respondent No. 4, the Additional Deputy Commissioner, Pughoboto, Nagaland, proceeded to appoint the Petitioner as a Sweeper in his establishment. The Petitioner, being aggrieved by the appointment of the Respondent No. 4, submitted a representation dated 13.08.2019, before the Additional Deputy Commissioner, Pughoboto and therein, required the cancellation of the selection and appointment of the Petitioner, on the ground that the Respondent No. 4, was not an indigenous inhabitant of the district, in question. The said prayer of the Petitioner, not being considered, the Petitioner had approached this Court, by way of institution of a Writ Petition being WP(C) No. 138/2019. However, in view of the fact that in the said Writ Petition, the Indigenous Inhabitant Certificate, obtained by the Respondent No. 4, was not challenged, the Petitioner prayed for withdrawal of the said Writ Petition with liberty to re-file the same. This Court, vide order dated 19.09.2019, permitted the Writ Petitioner to withdraw the said Writ Petition, with liberty to re-file the same.

3.5. It is projected that one Khakuto Sheqi, had also approached this Court, by way of instituting a Writ Petition being WP(C) No. 125/2019, assailing the selection and appointment of the Respondent No. 4, herein. A Coordinate Bench of this Court, vide order dated 16.08.2019, had, while issuing notice in the matter, suspended the order dated 18.01.2019, issued towards appointment of the Respondent No. 4, against the post of Sweeper, in the establishment of the Additional Deputy Commissioner, Pughoboto.

3.6. After the present Writ Petition was so instituted and notices issued, therein, the Respondent authorities issued an order dated 10.12.2019 to the Respondent No. 4, herein, requiring her to establish that she was a person belonging to the Scheduled Tribe and was an indigenous inhabitant of Nagaland. Thereafter, vide an order dated 10.12.2019, issued by the Addition