Dr. R. Zechano Ezong and 9 Ors v. The State of Nagaland and 2 Ors

ORDER

03.05.2024 Heard Ms. Asa Rutsa, learned counsel for the applicants and Mr. N. Mazhui, learned counsel for the opposite party nos. 2 & 3.

¶2The instant interlocutory application is filed by the applicants seeking correction of typographical errors which are stated to have crept in inadvertently in the Judgment and Order dated 27.03.2024 passed in a writ petition, W.P.[C] no. 289/2022.

¶3The applicants as the writ petitioners, had preferred the writ petition, W.P.[C] no. 289/2022 seeking certain reliefs. The writ petition was heard and disposed of by a Judgment and Order dated

27.03.2024 with certain directions given in paragraph 11 thereof.

¶4The applicants-writ petitioners have submitted that at two places in paragraph 10 and paragraph 11 of the Judgment and Order dated 27.03.2024, a date has been mentioned inadvertently as '19.12.2019', instead of '18.12.2019'. The learned counsel for the parties have submitted that at paragraph 8 of the Judgment and Order, the date, '18.12.2019' has been correctly mentioned and as such, in paragraph 10 and in paragraph 11, the date, '19.12.2019' has crept in inadvertently instead of '18.12.2019'.

¶5In order to appreciate the submissions of the learned counsel for the parties, it is apposite to refer to paragraph 8, paragraph 10 and paragraph 11 of the Judgment and Order dated 27.03.2024, Page No.# 4/8 which read as under :-

¶8From the above, it is noticed that at present, there are altogether 21 nos. of posts of Medical Officer [AYUSH] in the State Service and the said posts have remained vacant. In the greater public interest, the vacancies in these 21 nos. of posts are required to be filled up in an expeditious manner. The materials on record go to indicate that the Government of Nagaland in the Health & Family Welfare Department has been deliberating with following two situations :- Firstly, the Board constituted by the Health & Family Welfare Department after creation of 8 [eight] posts of Medical Officer [AYUSH] in its Meeting, held on

18.12.2019, considering the situation faced by the AYUSH doctors in the State, resolved to forward a proposal for absorption of the group of over-aged senior AYUSH doctors in the then available 10 regular posts of Medical Officer [AYUSH] considering the facts that those Medical Officers [AYUSH] were appointed after a proper selection process and had till then, rendered more than 10 years of service. In the affidavit-in-opposition filed on behalf of the State respondents in this writ petition, a stand has been taken that in spite of such resolution of the Board, no concrete steps/decisions have been taken so far in the matter of absorption of the over-aged senior most AYUSH doctors in terms of the resolution taken by the Board on

18.12.2019. In the Communication dated 15.11.2022 of the respondent no. Page No.# 5/8 3, it has been apprised that the proposal for regularization, as recommended by the Board, has remained without further progress due to onset of Covid-19 pandemic and the said recommendation of the Board for regularization is required to be brought back on track. The respondent no. 3 has urged to initiate the process for regularization of 10 seniormost AYUSH doctors in 10 vacancies of Medical Officer [AYUSH] which were existing prior to emergence of Covid-19 pandemic and which process was withheld during the Covid-19 pandemic. Secondly, the Health & Family Welfare Department, Government of Nagaland by the Notification dated

02.11.2022, has informed of the decision that the vacancies in 21 nos. of posts of Medical Officer [AYUSH] are to be filled up through a Special Recruitment Drive, to be conducted by the NPSC and the Nagaland Staff Selection Board. * *

* * *

¶10Having regard to the facts that [a] the petitioners herein have the requisite qualification to be appointed as Medical Officer [AYUSH]; [b] they have rendered services on contractual basis for more than 17 years since 2015-2016; and [c] the petitioners were appointed twice as Medical Officer [AYUSH] on contractual basis only after selection processes; and also the fact that the proposal initiated on 19.12.2019 by the Board has not Page No.# 6/8 been brought to its logical conclusion in one way or the other till date, this Court taking note of the fact that it is also necessary, at the same time, to fill up the vacancies existing in 21 nos. of posts Medical Officer [AYUSH] expeditiously, is of the considered view that the Competent Authority in the Health & Family Welfare Department, Government of Nagaland is required to bring the proposal, initiated on 19.12.2019 and highlighted by the respondent no. 3 in its Communication dated 15.11.2022, to a logical conclusion by taking a decision as to whether the 10 nos. of posts of Medical Officer [AYUSH] should be filled up by way of regularization or by undertaking a recruitment process as indicated in the Notification dated 02.11.2022.

¶11Having regard to such fact situation obtaining in the case in hand, this Court is of the considered view that this writ petition can be disposed of with the following directions :- [i] The Competent Authority in the Health & Family Welfare Department Government of Nagaland shall bring the proposal, initiated on 19.12.2019 and highlighted by the respondent no. 3 in its Communication dated

15.11.2022, to a logical conclusion by taking a decision as to whether the 10 nos. of posts of Medical Officer [AYUSH] should be filled up by way of regularization or by undertaking a recruitment process as indicated in the Notification dated 02.11.2022. Such decision shall be Page No.# 7/8 taken as expeditiously as possible, preferably within a period of 6 [six] weeks from the date of submission of a certified copy of this order at his office by the petitioners. It is accordingly ordered. [ii] The Competent Authority in the Health & Family Welfare Department, Government of Nagaland is, however, at liberty to initiate a recruitment process to fill the remaining 11 nos. vacancies in the post of Medical Officer [AYUSH] out of existing 21 nos. of posts, in the meantime. [iii] The Court while issuing notices to the respondents on 09.12.2022, had passed an interim order to the effect that the respondents shall not advertise 10 posts of Medical Officer [AYUSH] and the said interim order is in operation till date. It is observed that such interim order will be in operation till the final decision is taken by the Competent Authority, as directed in Para [i] above. [iv] The final decision, as directed in Para [i] above, shall be in the form of a speaking order. After passing of the speaking order the same is to be communicated to the petitioners forthwith thereafter. The interim order shall abide by the final decision taken in the speaking order. [emphasis supplied in bold]

¶6The Minutes of the said Meeting of the Board, constituted by the Health and Family Welfare Department, Nagaland and held on Page No.# 8/8

18.12.2019, is found annexed as Annexure-L to the writ petition.

¶7From a combined reading of paragraph 8, paragraph 10 and paragraph 11 of the Judgment and Order dated 27.03.2024, extracted above, and Annexure-6 to the writ petition, it is found that the date appearing at three places in paragraph 10 and paragraph 11 of the Judgment and Order dated 27.03.2024 as '19.12.2019' ought to have been '18.12.2019' in conformity with the date, '18.12.2019' mentioned in paragraph 8 thereof. Since the same are only typographical errors which have inadvertently crept in in the Judgment and Order dated 27.03.2024, the instant interlocutory application is to be allowed and it is accordingly allowed. It is clarified that for all intents and purposes, the date '19.12.2019' appearing at three places in paragraph 10 and paragraph 11 of the Judgment and Order dated 27.03.2024 shall be read as '18.12.2024'. This order is to be read as part and parcel of the Judgment and Order dated 27.03.2024.

Sd/- JUDGE Comparing Assistant

Page No.# 1/8 GAHC020001692024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/49/2024 DR. R. ZECHANO EZONG AND 9 ORS TIYI VIEW COTTAGE, MOLONSU COLONY, WOKHA, NAGALAND VERSUS THE STATE OF NAGALAND AND 2 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND Advocate for the Petitioner : I IMCHEN Advocate for the Respondent : GOVT ADV NL Linked Case : WP(C)/289/2022 DR. R. ZECHANO EZONG AND 9 ORS TIYI VIEW COTTAGE MOLONSU COLONY WOKHA 797111 2: DR. RUUSIETUONUO PEDUZHA COLONY H.NO- 189 MEDZIPHEMA CHUMUOKEDIMA 3: DR. ORENTSANI KIKON H.NO. 315 SEPFUZOU COLONY KOHIMA Page No.# 2/8 4: DR. KEVINEILHOU NAKHRO CHC MEDZIPHEMA TOWN CHUMUKEDIMA 5: DR. VISINO NAKHRO MEDZIPHEMA TOWN WARD NO. 8 6: DR. VISHETO SUMI H.NO- 68 LOWER P.H. HILL COLONY KOHIMA 7: DR. AVIKA P. JIMO H.NO- 405 BLOCK NO.4 CHEKIYE VILLAGE DIMAPUR 8: DR. TEMSUWAPANG MEDICAL CENTRE CHANTONGYA NEAR SBI NH-61 AM ROAD CHANTONGYA TOWN 9: DR. I TOKUGHA H.NO.- 265 INDUSTRIAL VILLAGE RAZHUPHE DIMAPUR. 797112 10: DR. LANUYANGER JAMIR KEVIJAU COLONY LANE 7 SIGNAL BASTI DIMAPUR VERSUS THE STATE OF NAGALAND AND 2 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT OF NAGALAND 2:THE SECRETARY DEPARTMENT HEALTH AND FAMILY WELFARE NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DEPARTMENT OF HEALTH AND FAMILY WELFARE NAGALAND KOHIMA ------------ Advocate for : C. T. JAMIR SR. ADV Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 2 ORS Page No.# 3/8 BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY