Morung Express News
Kohima | June 6
The Division Bench of the Gauhati High Court Kohima Bench on June 5 dismissed an appeal against the ruling of a single-judge bench of the Court on May 14, which upheld the Nagaland Government's decision to conduct a Special Recruitment Drive for three Junior Dental Surgeon posts.
Disposing of a writ petition, the May 14 order directed the State to amend its November 2, 2022 notification, reducing the recruitment posts for Junior Dental Surgeons from five to three. This decision aligns with the state's original creation of three posts approved by the Cabinet in June 2020.
The ruling then added that the remaining two posts shall be filled strictly in terms of the Nagaland Health Service Rules, 2006, with concurrence from both the State respondents and petitioners’ counsel.
The appellants, initially appointed on a temporary basis during the COVID-19 pandemic, contested the notification’s accuracy and its impact on their employment and participation in the recruitment process.
According to the June 5 judgment order, the Nagaland Cabinet decided on June 23, 2020, to create three Junior Dental Surgeon posts in the Community Health Centres (CHCs) amidst the pandemic.
Subsequent notifications framed the guidelines for recruitment, emphasising temporary appointments with eventual regular recruitment through the Nagaland Public Service Commission (NPSC). Despite these guidelines, a notification on November 2, 2022, erroneously listed five posts for the Special Recruitment Drive.
During the hearings, the counsel for the appellants contested that the erroneous notification affected their right to participate in the recruitment process and deprived them of the benefits accrued from their COVID-19 duty.
He further stressed the need for clarity and fair treatment in the recruitment process, highlighting the discrepancy between the actual number of posts created and those advertised.
The State Counsel, however, acknowledged the error in the notification, supported the reduction of posts to three as per the original Cabinet decision, and clarified that the creation and recruitment guidelines consistently specified only three posts for Junior Dental Surgeons, with any additional posts requiring separate adherence to the Nagaland Health Service Rules, 2006.
After hearing the submissions, the Division Bench recognised the legitimacy of the State's position and the procedural adherence to Cabinet decisions and affirmed that the Special Recruitment Drive should only cover the three posts initially created and validated by the Cabinet.
“Under such circumstances, we are of the opinion that the learned Single Judge was justified in passing the Order dated May 14,” it said.
Dismissing the writ appeal, the Court further clarified that the allocation of these posts to specific CHCs lies within the state's jurisdiction, ensuring flexibility to address healthcare needs effectively.
