Dr. Thungbeni P. Ngullie and 14 Ors v. The State of Nagaland and 3 Ors

JUDGMENT & ORDER (ORAL) Heard Mr. Imti Longjem, learned counsel for the petitioner, Mr. Moa Imchen, learned Senior Government Advocate for the respondent No. 1 and Mr. N. Mozhui, learned counsel for respondent Nos. 2 & 3.

¶2The present writ petition has been filed inter alia seeking for the following reliefs:- "A. Quash and set aside the Notification No. HFW(A) COVID-19/APPT-13/17/2020/543 dated 02.11.2022 insofar as it concerns the posts of Junior Dental Surgeon. B. Direct the State respondents to fill up the 5 posts of Junior Dental Surgeon through the Nagaland Public Service Commission strictly in accordance with the Nagaland Health Service Rules, 2006."

¶3The learned counsel for the petitioner has submitted that by the Notification dated 02.11.2022, the Government of Nagaland, Health & Family Welfare Department has notified that the 5 (five) posts of Junior Page No.# 4/5 Dental Surgeon shall be recruited through the NPSC by a Special Recruitment Drive. It is, however, submitted that the Notification issued by the Department to recruit the 5 (five) posts of Junior Dental Surgeon through NPSC by a Special Recruitment Drive is in violation of the rules framed by the Government under the Nagaland Health Service Rules, 2006.

¶3Mr. N. Mozhui, learned counsel for respondent Nos. 2 & 3, referring to the affidavit-in-opposition filed on behalf of the respondent Nos. 2 & 3, submits that to strengthen acute shortage of medical personnels to tackle the COVID-19 pandemic the Cabinet, in its meeting held on 23.06.2020, created various posts in the Health & Family Welfare Department including the 3 (three) posts of Junior Dental Surgeons in CHCs. The minutes of the Cabinet meeting held on 23.06.2020 was brought out in the Memorandum dated 25.06.2020, issued by the Government of Nagaland, Cabinet Secretariat (Cabinet Cell). Thereafter, the Department issued the Notification dated 02.07.2020 on the creation of the various categories of posts under the Health & Family Welfare Department including the 3 (three) posts of Junior Dental Surgeons as brought out in the Memorandum dated 25.06.2020.

¶4Today in the course of hearing of the case, Mr. N. Mozhui, learned counsel for the respondent Nos. 2 & 3, on instruction, submits that the Department will be making necessary corrections in the impugned Notification dated 02.11.2022, in so far as serial No. 4 relating to the 5

(five) posts of the Junior Dental Surgeon is concerned by notifying that only the 3 (three) posts which was created by the Cabinet in its meeting held on 23.06.2020, shall be notified for recruitment through NPSC by the Page No.# 5/5 Special Recruitment Drive and the remaining 2 (two) posts of the Junior Dental Surgeon shall be recruited strictly in terms of Nagaland Health Service Rule, 2006. Mr. Imti Longjem, learned counsel for the petitioner is not averse to the submission made by Mr. N. Mozhui, learned counsel for respondent Nos. 2 & 3.

¶5In view of the submissions made by the learned counsel for the parties, the present writ petition is disposed of with the direction to the State respondents, more particularly the respondent Nos. 2 & 3, to make necessary corrections in the Notification dated 02.11.2022 in respect of serial No. 4 and to notify only the 3 (three) posts of the Junior Dental Surgeons which was created by the Cabinet in its meeting held on

23.06.2020 be recruited through the NPSC by the Special Recruitment Drive. The remaining 2 (two) posts shall be filled up strictly in terms of the Nagaland Health Service Rules, 2006.

¶6The writ petition stands disposed.

Sd/- JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC020000932023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH) CaseoNo.o:oWP(C)/36/2023ooooooooo DR.oTHUNGBENIoP.oNGULLIEoANDo14oORSo H.NO.o109,oDUNCANoBASTI,oDIMAPURoNAGALAND 2:oDR.oALONAoSHIKHU oH.NO.o5 oDUNCANoBASTIoDIMAPUR oNAGALAND 3:oDR.oKETOULELHOUoVIZO oVIZOoDENTALoCLINIC oRVoBUILDING oHIGHoSCHOOLoJUNCTION oKOHIMAoNAGALAND 4:oDR.oKEVIDENOoKEHIE oOIKINGoHOSPITAL oFIRSToFLOOR oKOHIMAoNAGALAND 5:oDR.oMYINGTHUNGOoNGULLIE oSUNGROoSTATIONoWOKHAoNAGALAND 6:oDR.oTHEJAKUOoDANIELoPIENYU oP.KHELoKOHIMAoVILLAGE oKOHIMAoNAGALAND 7:oDR.oNEIKHOZOoBELHO oToKHELoKOHIMAoVILLAGEoNAGALAND 8:oDR.oKEKHRIESEVORoBoMEYASE oH.NO.001 oBLOCKoB oDAROGAPATHARoVILLAGEoDIMAPURoNAGALAND PageoNo.#o2/5 9:oDR.oAVEIoPURO oDBSoCOLONYoKOHIMoNAGALAND 10:oDR.oVINEIKUOoSOLO oUPPERoAGoKOHIMAoNAGALAND 11:oDR.oLILOKAoASSUMI oH.NO.o188 oBLOCK-5 oTHAHEKHUoVILLAGE oDIMAPURoNAGALAND 12:oDR.oAOCHELLoLONGCHAR oH.NO.o182 oNEARoIMOKONMERENoSPORTSoCOMPLEX oMOKOKCHUNG oNAGALAND 13:oDR.oANOVILIoCHISHI oOLDoMINISTERSoHILL oKOHIMAoNAGALAND 14:oDR.oANISHEoI.oKIBA oLHOMITHIoVILLAGEoDIMAPURoNAGALAND 15:oDR.oIMYANGLUBA oADVANCEDoDENTALoAESTHETICoIMPLANToCLINIo VERSUSo THEoSTATEoOFoNAGALANDoANDo3oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFo NAGALAND 2:THEoCOMMISSIONERoANDoSECRETARY oDEPT.oOFoHEALTHoANDoFAMILYoWELFARE o GOVERNMENToOFoNAGALAND o KOHIMA.oNAGALAND 3:THEoPRINCIPALoDIRECTOR oDIRECTORATEoOFoHEALTHoANDoFAMILYoWELFARE o DEPARTMENTo oKOHIMA Page No.# 3/5 NAGALAND 4:THE NAGALAND PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY KOHIMA NAGALAN Advocate for the Petitioner : IMTI LONGJEM Advocate for the Respondent : GOVT ADV NL Date of hearing and judgment : 14.05.2024 BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA