The court held that a selected candidate's candidature should not be rejected for the loss of original documents if the authenticity of the documents can be verified via an affidavit from the issuing authority and the core eligibility (the land) remains unchanged.

ORDER

(U.K. Nair, J)

1. Heard Mr. N. Baruah, learned counsel for the appellants as well as Mr. N.K. Luikham, learned counsel appearing for the sole respondent.

2. As agreed to by the learned counsel for the parties, the present writ appeal is taken up for final consideration at the admission stage itself.

3. The appellants, herein, have instituted the present appeal assailing the judgment & order dated 13.06.2024, passed by the learned Single Judge in WP(C)/91(K)/2019.

4. The sole respondent, herein, had, in pursuance to an advertisement issued by the appellants, herein, submitted his candidature for appointment as a Retail Outlet Dealer with regard to location on Manja-Dimapur Road on NH-29 from Nagaland Gate within 2 kms towards St. John’s College. The respondent, herein, in support of his application had offered a plot of land at Indisen Village, Dimapur, Nagaland vide village Patta No.429 dated 25.06.2015, bearing registered No.322/15 under Indisen Village Council situated at Manja-Dimapur Road on NH-29. The application submitted by the respondent, herein, being found to conform to the eligibility criterias set out in the advertisement, his case was shortlisted for selection. Accordingly, the respondent was informed vide an email dated 19.01.2019, about his qualification for the draw of lots for selection of the Retail Outlet Dealership. The respondent was required to be present personally for the same along with a photo identity card. Thereafter, on conclusion of the draw of lots, the respondent being selected, the appellants, herein, informed him about the same vide an email dated 02.02.2019. The respondent was also required to remit an amount of ₹30,000/- (Rupees Thirty thousand only) online as security deposit and submit a set of documents specified in the email within 10 (ten) days, with the authorities of the appellant-corporation for processing of his application for award of the Retail Outlet Dealership at the said location.

5. The respondent, while proceeding to submit the documents as required by him to be so deposited, found that he had misplaced the ‘Affidavit-cum-Declaration’ executed before the Notary Public, Nagaland on 22.12.2018, as well as the Search Report issued by Shri K. Lotha, Advocate, wherein, it was certified that the land offered by the respondent would place him within Group-1 of the category set out in the advertisement for allotment of the dealership in question. The said documents having been misplaced, the respondent immediately filed an FIR at the Mokokchung Police Station-II and, a GD Entry being GDE No. 02/2019 dated 05.02.2019 came to be made in this connection. As the original copies of ‘Affidavit-cum-Declaration’ as well as the ‘Search Report’ were mandated to be produced, the respondent on not being able to contact his earlier counsel, Shri K. Lotha, had the said Affidavit-cum-Declaration as well as the Search Report, freshly prepared through Ms. Sudipta Acharjee, Advocate. Thereafter, the respondent furnished the same along with other requisite documents to the corporation in original.

6. The appellant-corporation, on considering the documents submitted by the respondent, arrived at a conclusion that the same were not valid placing him in Group-1 category by considering the land offered by the respondent. Accordingly, the respondent was relocated to Group-3 of the guidelines. The respondent approached the authorities for redressal of his grievances in this connection and the same not having been favorably con