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2022 DIGILAW 736 (GAU)

Mhonjan Humtsoe v. State Of Nagaland

2022-07-01

NELSON SAILO

body2022
JUDGMENT : 1. This order will dispose of both the writ petitions. 2. Heard Mr. N.K Luikham, learned counsel for the petitioner in WP(C) No. 144/2015 and Mr. Moa Jamir, learned counsel for the respondent No. 6 and also for the petitioner in WP(C) No. 165/2014. Also heard Ms. S. Mere, learned State counsel appearing for the State respondents in both the writ petitions, and Mr. Supongwati Walling, learned counsel, who appears for the respondent No. 5 in WP(C) No. 144/2015 and for the respondent No. 4 in WP(C) No. 165 of 2014. 3. The case of the petitioner in WP(C) No. 165(K)/2014 is that he belongs to Rachan (Old Tssori) village in the District of Wokha, Nagaland and is one of the land owners belonging to the Patton clan where, the Government Middle School, Rachan (Old Tssori) village (hereafter referred to as the Middle School) is situated. The petitioner is aggrieved with the appointment order dated 04.08.2014 by which, the private respondent No. 4 was appointed as Peon in the said Middle School by the Principal Director, Department of School Education, Govt. of Nagaland. According to the petitioner, he belongs to the Patton clan, who had donated the land for the establishment of the Middle School and therefore, he should also have been considered for appointment to the post of Peon in terms of the Government policy pertaining to the Education Department as was circulated vide Communication under Memo No. EDS (E-16/91) dated 05.08.1991 (Annexure-C). 4. According to the petitioner, he submitted an application to the Principal Director, Department of School Education on 03.07.2014 (Annexure-F-1) for his appointment against the post of Peon lying vacant in the Middle School. However, without considering his case, the respondent No. 4 was appointed to the said post vide Order dated 04.08.2014. 5. The case of the petitioner in WP(C) No. 144(K)/2015 is that he belongs to the Humtsoe clan, who had donated a certain plot of land for construction of the Middle School. In terms of the standing Government policy for appointment on land donation, the petitioner submitted his application for the post of Peon in the Middle School but instead, the private respondent was appointed vide the impugned Order dated 04.08.2014. 6. In terms of the standing Government policy for appointment on land donation, the petitioner submitted his application for the post of Peon in the Middle School but instead, the private respondent was appointed vide the impugned Order dated 04.08.2014. 6. The impugned Order dated 04.08.2014 goes to recite that the adhoc appointment of the private respondent was made in terms of the direction of this Court vide Order dated 24.02.2014 passed in WP(C) No. 144(K)/2013. It may be seen that the private respondent in both the present writ petitions who is one and the same person was the petitioner in WP(C) No. 144(K)/2013. Vide the Order dated 24.02.2014, this Court had directed the respondents to consider his case along with other land owners, if any, by taking into consideration the verification report as well as the certificate issued in favour of the petitioner and to pass appropriate order in accordance with law. 7. It is however noticed that prior to the disposal of the writ petition in the above manner on 24.02.2014, there were also other process undertaken by the authorities. A perusal of the Communication dated 29.04.2013 of the Under Secretary to the Govt. of Nagaland, School Education Department addressed to the Principal Director of School Education, annexed as Annexure-H in WP(C) No. 144(K)/2015, goes to show that the name of the petitioner in WP(C) No. 144(K)/2015 and the name of the private respondent along with 4 (four) others had been forwarded for consideration for appointment to the post of Peon in the said Middle School, with a request to conduct verification by the School Managing Board and the Circle Administrative Officer about the genuiness of land owner amongst the 6 (six) aspiring candidates. 8. Further, vide Communication dated 23.05.2013 made by the Director of School Education to the Addl. Deputy Commissioner, Bhandari, Nagaland annexed as Annexure-I in WP(C) No. 144(K)/2015, the latter was asked to conduct verification of genuine land owner of the Middle School concerned along with the Chairman, Village Council and School Managing Board and to submit a report for further necessary action. In the said letter, the names of 6 (six) applicants including the petitioner in WP(C) No./ 144(K)/2015 and the private respondent were enclosed. In the said letter, the names of 6 (six) applicants including the petitioner in WP(C) No./ 144(K)/2015 and the private respondent were enclosed. According to the verification said to be conducted on 10.05.2013 and clarification dated 16.05.2013 annexed by the petitioner as Annexures-K&J respectively, upon enquiry, it was confirmed that the 2 (two) clans Odyuo/Murry of Tssori village had donated the land for the School building and therefore, the private respondent was recommended for appointment to the post of peon in the said Middle School. 9. However, the fact remains that the verification and clarification precedes the communication dated 23.05.2013 made to the Addl. Dy. Commissioner by the Director of School education and at the same time, petitioner in WP(C) No. 165/2014 also claims to belong to a clan which had donated land for the establishment of the Middle School i.e., the Patton clan. The said petitioner had submitted his application for appointment to the post of Peon in the said Middle School on 03.07.2014, which is prior to the appointment of the private respondent on 4th August, 2014. A submission is made before the Court that certain clan/clans have been favoured with appointment in the past and therefore, the clan which has not been given the benefit of appointment yet should be selected and appointed. On this submission, it is seen that the policy does not lay down the criteria to deal with such a situation and therefore a method which is fair and transparent will only have to be adopted. 10. Thus, having regard to the respective claims of the parties concerned and importantly, taking into account the direction passed by this Court on 24.02.2014 in WP(C) No. 144(K)/2013 to consider all other land owners along with the petitioner therein for appointment to the post in question, I am of the considered view that the respondent authorities concerned should once again undertake the exercise of selecting and making an appointment to the post of Peon in the Middle School by considering the application submitted by the petitioners, the private respondent and any other similar situated persons, who had submitted application for such appointment before 04.08.2014, if any. The respondent authorities shall make necessary verification in terms of the guidelines/policy contained in the Communication dated 05.08.1991 and thereafter, make a final decision. The respondent authorities shall make necessary verification in terms of the guidelines/policy contained in the Communication dated 05.08.1991 and thereafter, make a final decision. In the meantime, the private respondent shall be allowed to continue in service but his continuation under the said post would be subject to the decision to be taken by the respondent authorities, as directed herein above. The entire exercise as directed herein above should be completed within 3 (three) months from the date of receipt of a certified copy of this order. 11. With the above observation and direction, both the writ petition are disposed of. No cost.