• Says petition is not maintainable in its present form • Petitioners given liberty to make a fresh challenge DIMAPUR, AUGUST 3 (MExN): The Kohima Bench of the Gauhati High Court today dismissed the writ petition filed by the Public Service Aspirants of Nagaland (PSAN) and the Against Corruption and Unabated Taxation (ACAUT) against 706 backdoor appointments. After the final hearing held on July 26, the court today dismissed the case stating that the petition is “not maintainable in its present form.” The petitioners have however been given the liberty to make a fresh challenge to the appointments of the impleaded respondents and other persons as per law, as the present writ petition has not been dismissed on merit, but only on the issue of maintainability. The court, in its judgment, observed that the petitioners will have to show that they are aggrieved by the appointments made. “Thus, they will have to give material particulars to challenge the appointments made, keeping in mind the relevant recruitment rules,” it added. It stated that the petitioners have, “however made a sweeping challenge to appointments made in various grades of posts pertaining to approximately 25 Government Departments, thereby trying to brush aside all alleged irregularities and illegalities with one sweep of the broom.” “It is very difficult for this Court to sift through the facts of this case in the absence of complete material facts, in respect to the challenge made to 706 allegedly irregular/illegal appointments,” the judgment said. It further observed that the petitioners will have to file separate petitions making a challenge to the various appointments by giving specific particulars, as their grievance relates to different appointments in various department of the Government of Nagaland. The court meanwhile also said that this particular writ petition cannot be decided piece meal. As per the judgment, the petitioners would also have to implead all persons whose rights may be affected by the petitions. Meanwhile the court further observed that primacy should be given to advertisements before filling up vacant posts as per the recruitment Rules in force. “The State respondents should, accordingly consider filling up the regular vacant posts under the State Government as per the law laid down by the Apex Court and any contract/ad-hoc employee who is appointed to the post on contract basis should also be able to participate in the selection process, provided the person is eligible for the same as per Recruitment Rules and is not regularized as per para 53 of the case, State of Karnataka and others Vs Uma Devi,” the court said. In view of this, it added that any contractual, temporary or adhoc appointments made, without prior advertisements being issued in the media, including newspapers, will be violative of Article 14 and 16 of the Constitution and liable to be set aside and the said post filled up as allowed as per law. However, the question of filling up the said posts will come into play after the State respondents have taken recourse to para 53 of the aforesaid case. It further ruled that the state respondents should not regularize any person if he/she has completed only 3 years of continuous service on contract/ad-hoc basis in terms of the O.M. dated 11/08/2016 and the 04/08/2008. Further, with regard to the contention of the respondents that the issues that had been settled vide the Order dated 05/08/2016 passed in PIL No. 11(K)/15 cannot be re-opened by the petitioners, as the order has attained finality, the court found that the order “can at best, be applicable to the petitioner no. 1 only and not to the other petitioners.”
