KOHIMA: A writ petition filed in the Gauhati High Court (GHC) by Deputy District Education Officers (DEO), who belong to the Higher Secondary Education Cadres, has challenged the constitutional validity of “the eligibility condition prescribed in serial no. 16 of Notification dated 21.07.2011 issued by the Governor of Nagaland wherein 100% post of DEO have been reserved from the officers from Secondary School Education Cadre.”
According to an observation made by the Judgment & Order (CAV) from the Kohima Bench of the GHC on March 5 by Justice P.K. Saikia, the said clause of the Notification puts the higher secondary education cadre in an unfair position vis-à-vis their promotion. It termed serial no. 16 of the Notification “illegal and unsustainable in law” as the (bureaucratic) arrangement so made “violates the principle of natural justice as well as the fundamental rights incorporated in the Constitution of India.” The petitioners have sought, among other things, quashing of the said clause.
A press release/public notice from the petitioners, that is the Deputy DEOs of the Directorate of School Education (Higher Secondary Section), Nagaland, has welcomed interested or affected persons to oppose the writ petition of the petitioners, which is slated to be heard next by the GHC on March 21. This is in pursuance of the direction of the GHC, on March 5, in the matter Rowainla Ao & Ors. Vs. State of Nagaland & Ors. to issue a public notice informing person/s having interest in the proceeding of WP(C) No. 193 (K) of 2013 to participate in order to place their views on the prayer made by the writ petitioners.
