Gauhati High Court
Page No.# 1/5 vs Shri Atobo And Anr on 22 May, 2023
Page No.# 1/5
GAHC010051772023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/79/2023
THE STATE OF NAGALAND AND 2 ORS.
REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF NAGALAND,
KOHIMA
2: THE PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION
GOVT OF NAGALAND
KOHIMA
3: THE PRINCIPAL DIRECTOR
DEPARTMENT OF SCHOOL EDUCATION
NAGALAND
KOHIM
VERSUS
SHRI ATOBO AND ANR.
S/O LATE NIKHETO,
ACHIKUCHU VILLAGE, AGUNATO SUB DIVISION, ZONHEBOTO ,
NAGALAND
2:SHRI SHITOVI AWOMI
S/O LATE KIKHETO
KOIBOTI VILLAGE
ZUNHEBOTO
NAGALAN
Advocate for the Petitioner : MR. V SUOKHRIE
Advocate for the Respondent : MS. Z ZHINOMI
Page No.# 2/5
Linked Case : WA/81/2023
THE STATE OF NAGALAND AND 2 ORS.
REPRESENTED BY THE CHIEF SECRETARY
GOVT. OF NAGALAND
KOHIMA
2: THE PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION
GOVT OF NAGALAND
KOHIMA
3: THE PRINCIPAL DIRECTOR
DEPARTMENT OF SCHOOL EDUCATION
NAGALAND
KOHIMA
VERSUS
IHOSHE SWU AND 2 ORS.
S/O SRI AKHEVI SWU
RESIDENT OF DOYAPUR VILLAGE
DHANSIRI PAR SUB DIVISION
DIMAPUR
NAGALAND
2:SHRI KIYEVI SWU
S/O LATE LUHEZU OF PHILIMI VILLAGE
RESIDENT OF PURANA BAZAR
DIMAPUR
NAGALAND
3:SMTI. YEKHELI WOTSA
D/O VIKUTO WOTSA
RESIDENT OF PURANA BAZAR
DIMAPUR
NAGALAND.
------------
Advocate for : MR. V SUOKHRIE
Advocate for : MS. Z ZHINOMI appearing for IHOSHE SWU AND 2 ORS.
Linked Case : WA/80/2023
Page No.# 3/5
THE STATE OF NAGALAND AND 2 ORS.
REPRESENTED BY THE CHIEF SECRETARY
GOVERNMENT OF NAGALAND
KOHIMA.
2: THE PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION
GOVT OF NAGALAND
KOHIMA
3: THE PRINCIPAL DIRECTOR
DEPARTMENT OF SCHOOL EDUCATION
NAGALAND
KOHIMA
VERSUS
T. NASET CHINGMAK CHANG
S/O THONGJANGMONG
R/O YIMRUP VILLAGE
TUENSANG
NAGALAND.
2:SHRI SHITOVI AWOMI
S/O LATE KIKHETO
KOIBOTI VILLAGE
ZUNHEBOTO
NAGALAND
------------
Advocate for : MR. V SUOKHRIE
Advocate for : MS. Z ZHINOMI appearing for T. NASET CHINGMAK CHANG
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 22.05.2023
Learned senior counsel and Advocate General, Nagaland, Mr. K. N. Balgopal,
representing the appellants in these appeals has urged that the learned Single
Judge committed a grave error in accepting the writ petition filed by the
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respondents and in rejecting the Review Application of the appellants and in
directing the appellants to declare the result of the recruitment process
undertaken way back in the year 2004 for filling up of Grade-IV posts. He
contended that the respondents/writ petitioners approached the court by filing the
writ petition almost 11 years after the recruitment process was conducted,
claiming continuity in cause of action on the basis of the directions given by the
court in another writ petition filed by undergraduate teachers whereas, the said
case has no bearing on the present litigation. In pursuance of the order dated
29.04.2015, passed by the High Court in another batch of writ petitions [WP(C)
No. 107(K) 2013 etc.], the State authorities issued a notification in the newspaper
(Annexure K-1 of WA 81/2023) with the heading "Declaration of Grade III and
other categories of Teachers Interview Result 2003" indicating that in accordance
with the Department Notification dated 05.08.1991, the appointments to Grade-IV
posts had been directly made from amongst the land owners and, hence,
appointments will not be made based on the interview results.
Mr. Balgopal urged that the said notification/intimation was not assailed by the
respondents/writ petitioners in their writ petition. He further contended that it was
clearly demonstrated in the Review Petition that the records of the recruitment
process in question, which were of 'C' category, had been weeded out and, thus, at
this belated stage it was not possible for the State to publish the result.
Mr. S. Dutta, learned senior counsel representing the respondents has opposed
the admission of the appeals.
Considering the averments, as made in the appeals, and the notification issued
by the State in the year 2015, we find that the posts of Grade-IV, for which the
recruitment process had been undertaken, were filled up from amongst the land
owners in terms of the State policy of Nagaland. As the writ petitions seeking direction
for publication of the result were filed after a delay of nearly 11 years, there was no
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reason for the State authorities to have retained the records of the recruitment
process. Furthermore, the notification published in the year 2015 having not been put
to challenge by the petitioners, we feel that the appellants have a strong case for
questioning the validity of the impugned orders.
In view of the above, the writ appeals are admitted.
Admit.
As the respondents in all these appeals are duly represented, notice need not be
issued.
We have also heard the learned counsel for the parties on the appellants' prayer
for interim relief.
Having regard to the facts and circumstances recorded above, it is hereby
directed that the effect and operation of the impugned common judgment and order
dated 06.08.2019, passed by the learned Single Judge in WP(C) No. 131/2016, WP(C)
No. 139/2016 and WP(C) No. 140/2016 shall remain stayed until further
order/disposal of the writ appeals.
List for hearing on 29.08.2023.
JUDGE CHIEF JUSTICE
Comparing Assistant
