GAHC020004452019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

KOHIMA BENCH Case No. : WP(C)/176/2019 TOSHELI W/O SHRI. TOKIHO WOTSA, R/O MISHILIMI VILLAGE, PUGHOBOTO SUB-DIVISION, P.O/P.S - PUGHOBOTO, ZUNHEBOTO, N/L VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE COMMISSIONER, N/L, KOHIMA 2:THE DEPUTY COMMISSIONER ZUNHEBOTO N/L

3:THE ADDITIONAL DEPUTY COMMISSIONER AND CHAIRMAN SUB-DIVISIONAL LEVEL RECRUITMENT BOARD PUGHOBOTO ZUNHEBOTO N/L

4:KHUTOLI SHEQI SWEEPER O/O THE ADDITIONAL DEPUTY COMMISSIONER PUGHOBOTO ZUNHEBOTO N/

Advocate for the Petitioner : LIMAWAPANG, AREPLA CHANG,TOSHIKA Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 20.05.2026 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 th