Shri Pelingrang Hegui and 4 Ors v. The State of Nagaland and 2 Ors

ORDER

26.11.2024

Heard the learned senior counsel Mr. Taka Masa, assisted Sentilong,, appearing for the petitioners. Also heard Mr. N Angami, learned Government Advocate, Nagaland. This is an application under Article 226 of the Constitution of India challenging the Advertisement dated 07.07.2024 issued by the State Respondents. The admitted position is like this: Pursuant to Article 371 A of the Constitution of India, the people of Nagaland are the owners of all lands situated within the state of Nagaland. If the Government wants a plot of land for construction of offices, hospitals, schools or roads etc., the Government has to acquire it by paying the compensation. In some cases, the land owners donate their lands to the government. In that case, they have an agreement with the government. That one member of their family shall be appointed in Grade-IV post. In some cases, instead of giving government jobs, government contracts or supply orders are also given to the land owners or their family members. This is an accepted policy of the Government of Nagaland. Therefore, whenever a department of the government publishes any advertisement seeking application from people of that locality for filling up Grade-IV post, it is one of the conditions that preference shall be given to landowners or their family members. This court, in WP(C) No. 122/2019, passed a direction stating that Page No.# 3/4 whenever the State publishes any advertisement inviting applications for filing up Grade-IV posts, it has to be mentioned in the advertisement itself that land owners or their family members shall be given preferential treatment. Thereafter, on one occasion, the state published an advertisement on

21.06.2024 inviting applications for filling up posts of Medical Attendants in PHC, Chare, Tuensang. In that advertisement, it was not mentioned that land owners or their family members, who had donated land shall be given preferential treatment at the time of selection. Therefore, WP(C) No. 123/2024 was filed challenging the said advertisement. During pendency of the said writ petition before this Court, the Principal Director, Health & Family Welfare, Nagaland had admitted the aforesaid lapse and agreed to issue a corrigendum in respect of the said Advertisement dated 21.06.2024. On that ground, the said writ petition was disposed of. Now, the State respondents published an Advertisement dated 07.07.2024 without mentioning the policy that land owners or their family members shall be given preference. This is the reason why, the present writ petition has been filed. I have considered the submissions made by the learned counsel of both sides. It is an admitted fact that land owners or their family members, who had donated land to the government, get preferential treatment, if otherwise found eligible for appointment in Grade-IV post. The State respondents did not mention that fact in the impugned advertisement. It should have been done by the State respondents. Therefore, the Advertisement No. DHFW-3/COURT CASE/PEREN/GR-IV/519-2026 dated 07.07.2024, published by the Principal Director, Directorate of Health & Family Welfare, Nagaland, Kohima is bad in law and, therefore, stands quashed. Accordingly, the State respondents are directed to publish a fresh advertisement wherein it shall be mentioned, amongst other conditions regarding eligibility, that the land owners or their family members shall be given preferential treatment, if otherwise found eligible for appointment. In the present writ petition, the petitioners have already completed 35(thirty five) years of age. Therefore, they prayed for a direction that the upper age limit should be relaxed for them only. To that effect, the petitioners have Page No.# 4/4 pointed out that by the Notification No. AR/GEN-6/7/2024/A dated 15.10.2024, the Government of Nagaland has already made the upper age limit for Group-D posts as 37 (thirty seven) years. Mr. Masa has submitted that no order is required to be passed in that matter in view of the aforesaid Notification. With the aforesaid direction, the present writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC020004542024 2222222 222222222222222 2222222222222222THEkGAUHATIkHIGHkCOURT (HIGHkCOURTkOFkASSAM,kNAGALAND,kMIZORAMkANDkARUNACHAL PRADESH) KOHIMAkBENCH CasekNo.k:kWP(C)/160/2024 SHRI2PELINGRANG2HEGUI2AND242ORS OLD2PEREN2VILLAGE2 PEREN2NAGALAND2 MOBILE2NO.29436628152 2:2SMTI2INGAUHEILE2HEGALEI 2OLD2PEREN2VILLAGE2 PEREN2NAGALAND 3:2SHRI2KEYIKEITEING 2BANA2WARD 2PEREN2TOWN2 PEREN2NAGALAND 4:2SHRI2KEYIRANGDAUBE 2OLD2PEREN2VILLAGE2 PEREN2NAGALAND 5:2SMTI.2ILUNGDAULE 2OLD2PEREN2VILLAGE2 PEREN2NAGALAN VERSUS THE2STATE2OF2NAGALAND2AND222ORS REPRESENTED2BY2THE2COMMISSIONER2AND2SECRETARY2 GOVT.2OF2NAGALAND2 DEPT.2OF2HEALTH2AND2FAMILY2WELFARE2 NAGALAND2KOHIMA 2:THE2PRINCIPAL2DIRECTOR 2DIRECTORATE2OF2HEALTH2AND2FAMILY2WELFARE2 NAGALAND2KOHIMA 3:THE2MEDICAL2SUPERINTENDENT 2DISTRICT2HOSPITAL2PEREN2 PEREN 2NAGALAN Page No.# 2/4 Advocate for the Petitioner : TAKA MASA, SR. ADV, ARENLONG,TIAKUMLA,SENTILONG,SORENI MOZHUI Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA