Smti. Myanbeni C. Ovung Vs the State of Nagaland and 5 Ors. — Gauhati HC (2026) — LawSathi Research

Smti. Myanbeni C. Ovung Vs the State of Nagaland and 5 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 14.10.2024 appointing respondent No. 6 as Medical Attendant set aside and quashed; respondent authorities directed to fill up the post of Medical Attendant at Hankvu sub-centre by following the due process of selection; writ petition disposed of.

Issue for consideration

Whether the appointment of respondent No. 6 as Medical Attendant at Hankvu sub-centre, made without advertising the post or conducting any interview/selection process, is valid in law.

Court's answer

Respondent No. 6 was appointed as Medical Attendant by the Principal Director, Directorate of Health & Family Welfare, Government of Nagaland without following the due process of selection; there is no dispute that no advertisement was issued providing opportunity to all eligible candidates.

Ratio / Principle

No person can be appointed even on temporary or ad hoc basis without inviting applications from all eligible candidates; appointment by merely inviting names from the employment exchange or putting a note on the notice board does not meet the requirements of Articles 14 and 16, which mandate open advertisement so that all eligible persons can compete on merit.

Key takeaways

Mere submission of applications for a public post and their consideration by the State authorities without due process of selection is impermissible and violates the constitutional scheme of public employment; an appointment made without advertisement is invalid.ratio¶¶38
The appointment of respondent No. 6 is not in terms of the constitutional scheme of public employment; the impugned order dated 14.10.2024 is set aside and quashed, and the respondent authorities are directed to fill up the post by following the due process of selection.ratio¶¶40

Detailed headnote1 paragraphs

Public employment — Appointment as Medical Attendant, Hankvu sub-centre under CMO, Wokha, without advertisement or selection process — Held, no person can be appointed even on temporary or ad hoc basis without inviting applications from all eligible candidates; selection via employment exchange or notice-board note does not satisfy Articles 14 and 16 of the Constitution, which require open advertisement enabling all eligible persons to compete on merit — Mere receipt and consideration of applications by the State without due process of selection violates the constitutional scheme of public employment and any appointment made without advertisement is invalid — Impugned order dated 14.10.2024 of the Principal Director, Directorate of Health & Family Welfare, Nagaland appointing respondent No. 6 quashed — Respondents directed to fill the post by due process of selection — Writ petition disposed of (Kardak Ete, J.).

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2026:GAU-NL:89

GAHC020006542024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH

Case No. : WP(C)/240/2024

SMTI. MYANBENI C. OVUNG D/O CHONBEMO OVUNG R/O HANKVU VILLAGE WOKHA NAGALAND

VERSUS

THE STATE OF NAGALAND AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY DEPT. OF HEALTH AND FAMILY WELFARE NAGALAND KOHIMA

2:THE COMMISSIONER AND SECRETARY DEPT. OF HEALTH AND FAMILY WELFARE NAGALAND KOHIMA

3:THE DEPUTY SECRETARY DEPT. OF HEALTH AND FAMILY WELFARE NAGALAND KOHIMA

4:THE PRINCIPAL DIRECTOR DEPT. OF HEALTH AND FAMILY WELFARE NAGALAND KOHIMA

5:THE CHIEF MEDICAL OFFICER WOKHA NAGALAND

6:SHRI BENRI OVUNG MEDICAL ATTENDANT HANKVU SUB CENTRE UNDER CMO WOKH

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Advocate for the Petitioner : TAKA KICHU, JAMES NEWMAI

Advocate for the Respondent : GOVT ADV NL,

BEFORE HONBLE MR JUSTICE KARDAK ETE

JUDGMENT AND ORDER (ORAL)

Date : 02-03-2026

Heard Mr. James Newmai, learned counsel for the petitioner. Also heard Ms. Bichano Kithan, learned State counsel appearing on behalf of Ms. A. Ayemi, learned State counsel for the respondent nos. 1 to 5 and Mr. Chingyang Phom, learned counsel for the respondent no. 6.

2. Challenge made in this writ petition is to the Order dated 14.10.2024 passed by the Principal Director, Directorate of Health & Family Welfare, Government of Nagaland whereby one Shri Benri Ovung, respondent no. 6 herein, has been appointed as Medical Attendant at Hankvu sub-centre under the establishment of Chief Medical Officer, Wokha.

3. The case is of a very narrow and limited compass. Briefly put, the petitioner is assailing the administrative approval dated 30.09.2024 issued by the Deputy Secretary to the Government of Nagaland, Health & Family Welfare Department for appointment of the respondent no. 6 as Medical Attendant and the consequent impugned order dated 14.10.2024 issued by the Principal Director,

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Directorate of Health & Family Welfare, Government of Nagaland, appointing the respondent no. 6 as Medical Attendant in the Hankvu sub-centre under the establishment of Chief Medical Officer, Wokha. It is the contention of the petitioner that the appointment of the respondent no. 6 has been made without following the due process of law, as the said post was neither advertised nor interview was conducted.

4. Mr. James Newmai, learned counsel for the petitioner submits that one vacant post of Medical Attendant had arisen at Hankvu subcentre under the establishment of Chief Medical Officer, Wokha due to the retirement of one Shri Chungirao Lotha on 31.03.2019. The petitioner being eligible for appointment against the said vacant post submitted her candidature praying for considering her case as indigenous candidate of the district. However, the respondent authorities without considering her case has appointed the respondent no. 6 without following the due process of law. Therefore, he submits that the respondent authorities may be directed to fill up the vacant post by following the due process of selection.

5. Ms. Bichano Kithan, learned State counsel submits that the vacancy of the post of Medical Attendant had arisen due to the retirement of one Shri Chungirao Lotha. Applications were received from various applicants including the petitioner seeking for appointment, which was forwarded by the Chief Medical Officer, Wokha and accordingly, the Principal Director, Directorate of Health

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& Family Welfare, Government of Nagaland has forwarded applications to the State government for necessary approval/decision. It is submitted that the respondent authorities made the appointment in favour of the respondent no. 6 against the said vacant post and no selection process could be taken up due to the Covid-19 pandemic.

6. She submits that upon consideration by the State respondents, the respondent no. 6 has been found to be more qualified and eligible for the post of Medical Attendant, therefore, on being approved by the Government in favour of the respondent no. 6, the respondent no. 6 has been appointed. The State respondents have considered all the applications including the application of the petitioner, and having found the respondent No. 6 more qualified and eligible, he has been appointed to the post of Medical Attendant.

7. Mr. Chingyang Phom, learned counsel for the respondent no. 6 submits that the land where the Hankvu sub-centre is established belongs to the community of the Hono Hankvu Village in which the respondent no. 6 is also one of the land donors for establishment of the Sub-Centre, which is fortified from the certificate issued by the Hono Hankvu Village Council on 24.03.2011. Therefore, the appointment of the respondent no. 6 is in accordance with the policy of the State for giving appointment to those land owners who have donated land for government establishment.

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8. He submits that the family members of the petitioner have already availed the employment opportunity on 2 (two) occasions, i.e., one Shri Chanbemo Ovung, a close relative of the petitioner had served as Medical Attendant at Hankvu sub-centre and after his retirement, another relative of the petitioner namely- Shri Renben Ovung has been appointed against the said vacancy, and he is still serving as a Medical Attendant at the said Sub-Centre. None of the family members of the respondent no. 6 were offered any appointment in government service. Therefore, there is no illegality in appointing the respondent no. 6 as Medical Attendant.

9. Considered the submissions of the learned counsel for the parties and also perused the materials available on record.

10. Admittedly, the respondent no. 6 has been appointed as Medical Attendant by the Principal Director, Directorate of Health & Family Welfare, Government of Nagaland without following the due process of selection. The only consideration appears to be that the applications for appointment to the said post have been considered by the Government and approval was granted thereto. The petitioner and the respondent no. 6 have submitted their applications for appointment as Medical Attendant at Hankvu subcentre under the establishment of Chief Medical Officer, Wokha. There is no dispute that no selection process was carried out for appointment to the post of Medical Attendant at Hankvu sub-centre, Wokha as no advertisement was issued providing opportunity to all the eligible candidates to participate for appointment to the post of

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Medical Attendant.

11. It is well settled principle of law that no person can be appointed even on temporary or ad hoc basis without inviting applications from all eligible candidates. Even if any appointment is made by mere inviting names from the employment exchange or putting a note on the notice board, that will not meet the requirement of Article 14 and 16 of the Constitution of India. Such a course violates the mandates of Article 14 and 16 of the Constitution of India as it deprives the candidates who are eligible for the post, for being considered. For a valid and legal employment, mandatory compliance with the constitutional requirement is to be fulfilled. The equality clause enshrined in Article 16 requires that every such appointment be made by an open advertisement as to enable all eligible persons to compete on merit.

12. In the present case as noted herein above, the appointment of the respondent no. 6 has been made without following due process of selection which is in violation of the constitutional scheme of public employment. Mere submission of applications by the applicants for appointment to public post and its consideration of such application by the State authorities without due process of selection would not be permissible inasmuch as such action of the State would be in violation of the constitutional scheme of public employment. Thus, any appointment made without advertisement by following the due process of selection would be invalid.

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13. In view of the above, I am of the considered view that the appointment of the respondent no. 6 is not in terms of the constitutional scheme of public employment. Accordingly, the impugned order of appointment of the respondent no. 6, dated 14.10.2024 by the Principal Director, Directorate of Health & Family Welfare, Government of Nagaland is hereby set aside and quashed. Consequently, the respondent authorities are directed to fill up the said post by following the due process of selection.

14. The writ petition stands disposed of.

JUDGE

Comparing Assistant