MUNGLEM PHOM Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This judgment and order of ours will dispose of Writ Appeal Nos. 542/2001, 543/2001 and 544/2001 which arise out of one common judgment of the learned Single Judge dated 11.10.2001 passed in Writ Petition (Civil) Nos. 101(K)/2001, 102(K)/2001 and 149(K)/2001 disposing of the said three writ petitions.

(2.) Writ petitioners, now appellants, had been serving as graduate teachers on ad-hoc/contract basis for a period ranging from less than 5 years to more than 10 years as on 14.5.2001. The Cabinet of Nagaland in its meeting held on 14.5.2001 took a decision to regularise the services of ad-hoc graduate teachers as one time exercise who had put in service for certain number of years on ad-hoc basis. On the basis of that Cabinet decision dated 14.5.2001, the Governor of Nagaland issued a notification on 5.6.2001 adopting the recruitment policy to enable the School Education Department to regularise the services of ad-hoc graduate teachers and to make fresh recruitment. In nutshell, the policy decision carved out 3 categories of ad-hoc/contract graduate teachers, viz., :- (i) Those who had served as such for 10 years or more as on 14.5.2001; (ii) Ad-hoc/contract teachers who had been serving as such for 5 to 10 years as on 14.5.2001; and (iii) Ad-hoc/contract graduate teachers having served for less than 5 years as on 14.5.2001. The decision further provided that so far as category-(i) is concerned, they would be regularised subject to possessing the requisite educational qualification at the time of their initial appointment and fulfilling of other criteria. So far as category-(ii) is concerned, it was provided that such graduate teachers would appear for a screening test, both written and oral, to be conducted by the Nagaland Public Service Commission to ascertain their suitability. Apart from that such teachers were required to fulfil other essential criteria, such as, requisite academic qualification, age limit, etc. at the time of their initial appointment on ad-hoc/contract basis. They were required to obtain minimum 40% marks from both the written and oral performances. There was inter-se competition of the candidates belonging to this category and those who obtained 40% or above marks in the written and oral performance, subject to l:heir fulfilling other criteria of educational qualification, etc. were to be regularised. If candidate failed to obtain 40% marks, he would surrender that post which would tbe advertised.

(3.) So far as category-(iii) is concerned, i.e, teachers who had served for less than 5 years on ad-hoc/contract basis as on 14.5.2001, they were required to appear for regular open selection test and interview along with other fresh candidates and appointments were to be offered based on merit of the marks obtained in the selection examination and interview.