Y ZHETO ASUMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) By this writ petition the petitioners have challenged the selection of respondents 4, 5 and 6 as Junior Engineers in the Power Department of the State Government. According to the petitioners the selection for the post of Junior Engineers in the Department should be in accordance with Section 8(a) (iii) of the Nagaland Engineering Service Rules, 1997 (Class-I and Class-II). Rule 8(a) (iii) of the said Nagaland Engineering Service Rules, 1997(Class-I and Class-II) (in short 1997 Rules herein) read as follows:-

(2.) Before going further, the brief of the case is that, by requisition dated 20.11.98, the Jt. Secretary to the Government of Nagaland, Department of Power has requested the NPSC for recruitment of 5 (five) posts of Junior Engineers (Electrical). Again by requisition dated 7.1.99, the Jt. Secretary to the Government of Nagaland, Department of Power has requisitioned for another 2 (two) posts of Junior Engineers (Electrical). The said requisitions are at Annexure 'A' and 'B' to the affidavit-in-opposition filed on behalf of respondents 1 and 2. On the basis of the requisition, the NPSC has issued an advertisement No. 2/99-2000 dated 10th April, 1999 Annexure-'A' to the writ petition. Relevant portion of the said advertisement relating to the post of Junior Engineer (Electrical) is as follows:- "Item No. 2 (a): 7 (seven) posts of junior Engineer (Elect). (b): 3 (three) posts of Junior Engineer (Civil), Class-I Gazetted, under the Department of Power, Nagaland. Qualification for the posts of Junior Engineer (Elect) is 3 (three) years Diploma in Electrical Engineering and Junior Engineering (Civil) is 3 years Diploma in Civil Engineering from any recognised institution. Scale of Pay: Rs.1650-55-1925-65-2705- 70-3475/- p.m."

(3.) Three petitioners submitted an application for the said post to the NPSC, and the examination was conducted on 15.9.99 and 16.9.99 and the result of the examination was published on 11.2.2000 in the Daily Nagaland Post, In the said written examination, the petitioners were shown to have been qualified, but after the oral interview which was published by the NPSC on 23.3.2000, the name of the 7 (seven) persons including the respondents 4,5 and 6 were selected for the post of Junior Engineer (Electrical) Class-II Gazetted in order of merit. The names of the petitioners did not appear in the said select list of candidates. Petitioners therefore claims that they should have been selected in place of respondents 4, 5 and 6, as the said three posts are reserved for the 3 (three) years Diploma Certificate holders according to 1997 Rules.