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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Ngamhai Y Konyak, D/o. Yatwang – Appellant
Versus
State Of Nagaland, Represented By The Chief Secretary – Respondent
| Table of Content |
|---|
| 1. factual basis of land donation and appointment claims. (Para 1 , 2 , 3) |
| 2. contentions regarding eligibility criteria and selection validity. (Para 4 , 5 , 6 , 7) |
| 3. administrative appointments require a transparent selection process. (Para 8 , 9 , 10) |
| 4. necessity of due process in government appointments. (Para 11 , 12 , 13) |
ORDER :
N. UNNI KRISHNAN NAIR, J.
Heard Ms. Kim Pienyu, learned counsel for the petitioner. Also heard Mr. Philip Lorin, learned counsel for the respondent No.5 and Mr. M. Longkumer, learned Government Advocate for the State.
2. The petitioner in the present proceedings has assailed the approval granted for appointment of the respondent No.5 against the post of MTS, becoming available in the establishment of the District Commandant, Home Guards, Civil Defence and State Disaster Response Force, Mon, Nagaland. The petitioner has further prayed for a direction upon the respondent authorities to consider her case for appointment against the said post, by reckoning her to be a member of the family who had donated land for setting up of Government establishments in Mon District.
3. The petitioner in the writ petition has projected that after the State of
Public appointments require a transparent, merit-based selection process. Administrative approval for appointment without conducting any evaluation of the applicants' suitability is arbitrary and leg....
A petitioner must come to court with clean hands and disclose all material facts; failure to do so can result in dismissal of the claim.
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 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.
The court established that the petitioners had no right to claim appointment against the donated land and were not eligible for appointment under the notification dated 05/03/2018.
Point of Law : Condition of advertisement shall be dispense with, but a fair and transparent eligibility criteria shall be adopted for the appointment with due approval of the Government.
Employment benefits based on historical land agreements are governed by current policy and limited in scope, not perpetuity. Additionally, the judiciary is restricted to the pleadings presented and c....
Employment quotas based on land ownership are invalid when a government policy mandates acquisition strictly through monetary compensation and the governing agreement between the parties expressly wa....
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