Writ petition challenging termination of adhoc service due to discrimination. Court directed recruitment advertisement and allowed petitioner to participate with relaxed eligibility and age rules.
Recruitment process to start immediately; petitioner allowed to participate in examination by relaxing relevant rules including age limit.
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GAHC020003202020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Case No. : WP(C) 127/2020
1:VESHELU
LDA-CUM-COMPUTER ASSISTANT,SDEO CHANGTONGYA, MOKOKCHUNG, NAGALAND
VERSUS
1:THE PRINCIPAL SECRETARY AND 7 ORS
GOVT. OF NAGALAND, DEPT. OF SCHOOL EDUCATION, KOHIMA, NAGALAND
2:THE PRINCIPAL DIRECTOR DEPT. OF SCHOOL EDUCATION KOHIMA NAGALAND
3:THE SDEO CHANGTONGYA MOKOKCHUNG NAGALAND
4:RONGSENYANGLA
LOWER DIVISION ASSISTANT(LDA) SDEO CHANGTONGYA
5:MERENNUNGSANG LOWER DIVISION ASSISTANT(LDA) SDEO CHANGTONGYA MOKOKCHUNG
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6:YOPONGCHILA POGEN LOWER DIVISION ASSISTANT(LDA) SDEO CHANGTONGYA MOKOKCHUNG
7:R. SASHINUNGBA LOWER DIVISION ASSISTANT(LDA) R.C.CHITEEN JAMIR MEMORIAL GHS CHANGTONGYA MOKOKCHUNG
8:IMNAYANGLA STORE KEEPER SDEO CHANGTONGYA MOKOKCHUN
Advocate for the Petitioner : JOSHUA SHEQI
Advocate for the Respondent : GOVT ADV NL (R/1-3)
BEFORE HON'BLE MR. JUSTICE SONGKHUPCHUNG SERTO
ORDER
Date : 03-03-2022
Heard Ms. Mika Aye, learned counsel appearing for the petitioner and also heard Ms. A. Ayemi, learned Government Advocate appearing for the State respondents and Mr. Tongpok Pongener, learned counsel appearing for the private respondents.
The petitioner who was appointed as LDA cum Computer Assistant on adhoc basis vide order dated 14/12/2017 issued by the Director of School Education, Government of Nagaland came before this Court challenging the order No.ED/EST/A/32/MKG/2012-13 dated 23/7/2020 issued by the Director, School Education, Government of Nagaland by which her
Page No.# 3/3 service was terminated with effect from 1/7/2020 on the ground that she has been discriminated. The State Government filed an affidavit stating that her service was terminated since she is not an indigenous inhabitant of the district concern where she is appointed and serving i.e. Mokokchung district. However, when the matter came up today for hearing, Ms. A. Ayemi, learned Government Advocate submits that she has instruction to say that the post will be advertised for regular recruitment and the petitioner who has served for few years in the Department would be allowed to participate in the examination by relaxing the relevant rules of eligibility including her age.
Ms. Mika Aye, learned counsel appearing for the petitioner submits that the writ petition can be disposed off if the petitioner is allowed to appear the examination as submitted by the learned Government Advocate.
In view of the submissions of both the learned counsels, this writ petition is disposed off with a direction that the recruitment process be started at the earliest by advertising the post and the petitioner be allowed to participate in the recruitment process by relaxing the relevant rules including the age limit.
Sd/- JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner, an adhoc employee terminated due to discrimination, is allowed to participate in regular recruitment.
Whether the petitioner's age limit and other eligibility rules should be relaxed to permit her examination.
VESHELU
THE PRINCIPAL SECRETARY
THE PRINCIPAL DIRECTOR DEPT. OF SCHOOL EDUCATION KOHIMA NAGALAND
THE SDEO CHANGTONGYA MOKOKCHUNG NAGALAND
RONGSENYANGLA
MERENNUNGSANG
SONGHKHUPCHUNG SERTO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
