JUDGMENT : 1. Heard Mr. Joshua Sheqi, learned counsel for the petitioner and Ms. V. Suokhrie, learned Government Advocate appearing for the respondent Nos. 1, 2 & 3. Also heard Mr. Limawapang, learned counsel for respondent Nos. 5 & 6. None appears for the respondent No. 4 despite service of notice. 2. By filing this writ petition under Article 226 of the Constitution, th petitioner has sought for quashing and setting aside the Letter dated 15.12.2021 (Annexure-P), for directing the State respondents to modify the Office Memorandum dated 27.01.2022 (Annexure-F) in respect of the proviso for the Category-II doctors and for a direction to the State respondents to nominate all the 7 (seven) post graduate seats at Regional Institute of Medical Sciences (RIMS) on merit basis only. 3. Brief facts of the case essential for disposal of the writ petition is that the petitioner and the respondent Nos. 5 & 6 were appointed as medical doctors on contract basis for a period of one year or till they are appointed regularly through Nagaland Public Service Commission (NPSC), whichever is earlier, through different appointment orders. Vide Notification dated 22.11.2021, the respondent No. 3 issued a general information to all the intending medical graduates who are seeking admission to MD/MS/Diploma courses at RIMS under “Sponsored” and “Open” category that PG seats will be allotted to eligible candidates from the State-wise merit list of NEET-PG 2021 through physical counseling to be held at RIMS, Imphal. It was also provided that the last date of submission of application forms will be intimated and published on the web portal of RIMS. The respondent Nos. 5 & 6 accordingly submitted their applications to the respondent No. 3 on 29.11.2021 and 03.12.2021 respectively. Their applications were then forwarded by the respondent No. 3 to the respondent No. 2 on 15.12.2021 (Annexure-P). The last date for submission of application forms was intimated as 15.01.2022 by the RIMS, vide their Circular dated 11.01.2022. 4. The State Government vide Communication dated 14.01.2022 through the Under Secretary to the Govt. of Nagaland, Health & Family Welfare Department forwarded the names of the respondent Nos. 5 & 6 to the Dean (Academics) RIMS, Imphal, Manipur as the nominated candidates against the seats reserved for the State of Nagaland in PG studies for the session 2021. 4. The State Government vide Communication dated 14.01.2022 through the Under Secretary to the Govt. of Nagaland, Health & Family Welfare Department forwarded the names of the respondent Nos. 5 & 6 to the Dean (Academics) RIMS, Imphal, Manipur as the nominated candidates against the seats reserved for the State of Nagaland in PG studies for the session 2021. In reply, the Dean (Academics) RIMS wrote back to the Under Secretary on 17.01.2022 informing the said authority that admission into MD/MS/Diploma courses in RIMS under the “In-service sponsored” category was only for candidates employed on regular basis. Since the respondent Nos. 5 & 6 were only engaged on temporary basis, their applications were therefore liable to be rejected as they do not fulfill the Rules and Regulations of Post Graduate admission in RIMS. It was also however, informed that the case of the respondent Nos. 5 & 6 could be considered if there was a letter justifying the reasons for sending them against the existing Rules and Regulations on admission and that if there is an undertaking stating that in case of any dispute, the Health & Family Welfare Department, Govt. of Nagaland will be responsible. Further, if selected, the candidates will be paid by the State Government at par with medical officers of similar rank during the 3 (three) years course and also employed by the State Government after completion of the PG training. 5. The conditions referred to in the Letter dated 17.01.2022 having been fulfilled through the Communication dated 20.01.2022 of the Under Secretary to the Govt. of Nagaland, Health & Family Welfare Department, the respondent Nos. 5 & 6 were provisionally selected for admission into PG Degree courses at RIMS in the Dermatology & Pediatrics Department respectively, on the basis of their score in the NEET-PG 2021 vide Order dated 22.01.2022. It was also indicated that the academic session will be commencing from 01.02.2022. The petitioner aggrieved with the recommendation and selection of the respondent Nos. 5 & 6 in their respective subjects/departments is before this Court. 6. Mr. Joshua Sheqi, learned counsel submits that contract doctors are not allowed to go for Post Graduate studies on Government sponsorship as notified the Notification dated 09.11.2011 and therefore, the respondent Nos. 5 & 6 could not have been selected solely on the basis of the Notification dated 22.11.2021. 6. Mr. Joshua Sheqi, learned counsel submits that contract doctors are not allowed to go for Post Graduate studies on Government sponsorship as notified the Notification dated 09.11.2011 and therefore, the respondent Nos. 5 & 6 could not have been selected solely on the basis of the Notification dated 22.11.2021. He submits that the State Government in the Department of Health & Family Welfare vide Office Memorandum dated 27.01.2022 in addition to the Notification dated 09.11.2011 came up with certain criterias by which Medical Officers appointed on contract basis under NHM, NSACS, NHAK, etc. could be considered for being sent for PG studies at RIMS, Imphal under Category-II as provided in the said Office Memorandum. As per the said criteria under Category-II, candidates will be selected from amongst those who have cleared NEET (PG Exam) irrespective of ranking in the merit list. A separate State merit list for Category-I candidates will be prepared by taking into consideration the ranking in the NEET (PG Exam) with weightage not exceeding 50% points, length of service rendered with weightage not exceeding 20 points and weightage not exceeding 15 points each for length of service rendered in ‘B’ & ‘C’ category place of postings. Therefore, it was only after the office memorandum dated 27.01.2022 that contractual employees became eligible to be considered for PG studies at RIMS and that the recommendation of selection of the respondent Nos. 5 & 6 are therefore only illegal and not sustainable. The learned counsel however submits that the petitioner does not want to challenge the selection of the respondent Nos. 5 & 6 for PG studies at RIMS, but the petitioner having scored higher in the NEET (PG Exams), he is entitled to be given the preference over them on the choice of subjects/departments. He therefore submits that Court may suitably interfere in the matter by passing appropriate directions. In support of his submission, he relies upon the following authorities:- (i) Asha vs. PT. BD. Sharma University of Health Services & Ors., (2012) 7 SCC 389 . (ii) Yatinkumar Jasubhai Patel & Ors. Vs. State of Gujarat & Ors., (2019) 10 SCC. 7. Ms. V. Suokhrie, learned Government Advocate, on the other hand, submits that in response to the advertisement floated through Notification dated 22.11.2021, it was only the respondent Nos. BD. Sharma University of Health Services & Ors., (2012) 7 SCC 389 . (ii) Yatinkumar Jasubhai Patel & Ors. Vs. State of Gujarat & Ors., (2019) 10 SCC. 7. Ms. V. Suokhrie, learned Government Advocate, on the other hand, submits that in response to the advertisement floated through Notification dated 22.11.2021, it was only the respondent Nos. 5 & 6 who submitted their applications and the same was forwarded by the State Government to the Dean (Academics) RIMS at Imphal, Manipur on 14.01.2022. In response, the Dean wrote back stating that as the respondent Nos. 5 & 6 were only appointed on temporary basis it was against the Rules and Regulations of Post Graduate admission in RIMS. As such, unless there was a justification and responsibility shown by the State Government to bear their expenses, the application of respondent Nos. 5 & 6 was liable to be rejected. However, as the State Government in the Health & Family Welfare Department could justify sending the names of the private respondents to RIMS for PG studies and also obtained an undertaking from them that they will be undertaking the PG course at their own expenses, the respondent Nos. 5 & 6 were recommended for admission for PG studies at RIMS. They were accordingly selected vide Communication dated 22.01.2022 while the petitioner filed his writ petition only on 28.02.2022. Moreover, the petitioner has not challenged the Order dated 22.01.2022 by which the respondent Nos. 5 & 6 were recommended for admission in the PG course at RIMS. Therefore, under the circumstance, there is no merit in the petition and the same should be dismissed. 8. Mr. Limawapang, learned counsel for the respondent Nos. 5 & 6 adopts the arguments of the learned Government Advocate. Referring to the prayer of the petitioner in his writ petition, he submits that the petitioner has only challenged the Communication dated 15.12.2021 by which the application of the private respondents were forwarded to the State Government in the Department of Health & Family Welfare. The petitioner has not challenged the Order date 22.01.2022 by which the private respondents were selected for admission to PG course at RIMS, Imphal. The petitioner has not challenged the Order date 22.01.2022 by which the private respondents were selected for admission to PG course at RIMS, Imphal. Moreover, the private respondents have already admitted themselves in RIMS on 24.01.2022 even prior to the filing of the writ petition and therefore, under the facts and circumstances of the case, the writ petition is not maintainable and should be dismissed. 9. The learned counsel also submits that the petitioner himself was selected for PG course in Respiratory Medicine and despite being selected, he has not admitted himself till now. This fact has been concealed by the petitioner from the Court and therefore, even on this ground, the writ petition is liable to be dismissed. He further submits that although there is no dispute to the fact that the score of the petitioner is higher than the score of the private respondents in the NEET PG exams but there is another candidate who was selected for PG course in General Medicine who scored higher than the petitioner. Therefore, the petitioner cannot claim preference over others when he has not the highest. The learned counsel submits that at any rate, the private respondents submitted their application pursuant to the Notification dated 22.11.2021 on 29.11.2021 & 03.12.2021 respectively while the petitioner did not and the last date was 15.01.2022. As such, the petitioner cannot claim any advantage over the private respondents solely on the basis of his score in the NEET (PG Exam). Under the facts and circumstances of the case, he submits that the writ petition is without any merit and same should be dismissed. 10. Mr. Joshua Sheqi, learned counsel for the petitioner making a short reply submits that the relevant documents with regard to the nomination and selection of the private respondents was not in the possession of the petitioner and therefore, it was not possible for him to challenge to the same as submitted by the learned counsels for the respondents. He submits that this fact can be appreciated from the reply given to the petitioner by the State respondents on his application submitted through RTI where no relevant documents were supplied to the petitioner so as to enable him make an effective and timely challenge to the nomination and selection of the private respondents. He therefore submits that under the facts and circumstances, Court may make suitable inference on the matter. 11. He therefore submits that under the facts and circumstances, Court may make suitable inference on the matter. 11. I have heard the submissions made by the learned counsels for the rival parties and I have perused the materials available on record. 12. The issue to be considered is as to whether the private respondents could have been recommended and selected for PG studies at RIMS, Imphal in the manner it was done. There is no dispute to the fact that the State Government in the Health Department through Notification dated 22.11.2021 had issued a general notice to all medical graduates interested to seek admission to MD/MS/Diploma courses at RIMS, Imphal under the “Sponsored” and “Open” category to be determined on the basis of State-wise merit list of NEET-PG 2021. Besides the mentioning sponsored category, there is no mention in the notification that contractual employees cannot apply for the PG courses at RIMS, Imphal. It is also seen that vide Notification dated 09.11.2011, the State Government in the Health Department had notified that contract doctors will not be allowed for Post Graduate studies on Government sponsorship. It was further mentioned that if they desire to do so, they will have to resign and study at their own cost. Therefore, the Notification dated 09.11.2011 by itself cannot be said to totally bar contract doctors from undergoing further PG studies. As can be seen, it provides that the Government will not sponsor them if they desired to go for further PG studies and that they will have to resign from their contract service. 13. In the case of the private respondent Nos. 5 & 6 as well, there was an objection from RIMS, Imphal that they being engaged on temporary basis, their application under the “In-service sponsored” category was liable to be rejected as the same was against the Rules and Regulations of Post Graduate admission in RIMS, Imphal. However, the same was resolved by the State Government stating that there were no applicants for further PG studies amongst the In-service doctors and therefore, the names of the private respondents was being forwarded to RIMS. However, the same was resolved by the State Government stating that there were no applicants for further PG studies amongst the In-service doctors and therefore, the names of the private respondents was being forwarded to RIMS. Further, private respondents had duly signed a bond undertaking that they will be bearing their own cost for undertaking the course and were willing to serve the State Government either on regular basis or on contract basis after completion of the PG course and therefore, they should be considered for further PG studies at RIMS, Imphal. Therefore, upon considering the materials available on record, I am of the considered view that the petitioner cannot be said to have a legitimate grievance against the State respondents in respect of the selection of the private respondents for PG studies at RIMS, Imphal. Moreover, the petitioner has not challenged the selection of the private respondents which was communicated vide Order dated 22.01.2022 by the Dean (Academics RIMS, Imphal) as rightly pointed out by the learned Government Advocate as well as the learned counsel for the private respondents. Non-availability of the relevant documents in order to challenge the same before this Court at the relevant time cannot be a ground, inasmuch as, the relevant documents have been annexed by the State respondents and the private respondents in their affidavit-in-opposition. The petitioner could have amended his writ petition on receiving the affidavit-in-opposition. However, he has failed to do so and therefore, even on this count the writ petition fails. 14. In respect of the authorities relied upon by the learned counsel for the petitioner i.e. Asha vs. PT. BD. Sharma University of Health Services & Ors.(supra) and Yatinkumar Jasubhai Patel & Ors. Vs. State of Gujarat & Ors.(supra), there cannot be any argument that selection has to be made on merit but in the given facts of the present case, the petitioner and the private respondents have not been considered together since the petitioner submitted his application only in pursuant to the second notification/advertisement issued on 28.01.2022 and by which time, the private respondents had already been selected for PG courses vide Order dated 22.01.2022 issued by the Dean (Academics) RIMS, Imphal. 15. Thus, upon due consideration of the matter in its entirety, I do not find merit in the writ petition and the same is accordingly dismissed. Interim order/orders passed earlier shall stand merged with this order.