ZANBENI LOTHA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Mr. Imti Longchar, learned counsel for the petitioner. Also heard Mrs. Y. Longkumar, learned Government Advocate, Nagaland and Mr. Z.N.Ngullie, learned counsel appearing for respondent No.5. None appears for respondents No. 6 to 12.

(2.) THE brief facts of the case as narrated by the petitioner is that she was initially appointed on temporary basis as Language Typist (Lotha), Text Book Publication Section in the Directorate of School Education, Nagaland, Kohima. A post of Language Assistant (Lotha) fell vacant after completion of her 12 years in service due to promotion of a Language Assistant to the post of Language Officer (Lotha). THE petitioner is a Matriculate and she applied for promotion to the post of Language Assistant but the respondent authorities did not consider her case and in her place private respondent no.5 was appointed to the said post through backdoor. Being aggrieved, the petitioner filed W.P.(C) No.81(K) of 2001. THE said Writ Petition was disposed of by judgment and order dated 23.1.2002 directing the concerned authorities to issue advertisement for the post of Language Assistant (Lotha) and complete the entire process of recruitment within a period of three months from the date of receipt of the certified copy of the order. It was provided in the said order that the petitioner as well as the respondents shall apply for the post and their cases should be considered by the concerned authorities subject to their qualification and suitability at the time of applying for the post. In compliance to the aforesaid order of this court the department advertised the said post and in response to the same both the petitioner and the private respondent No.5 submitted their application. THE private respondent No.5 was appointed to the said post of Language Assistant (Lotha). THE petitioner again filed a Writ Petition being W.P.(C) No.223(K)/03 and it was disposed of by this court vide judgment and order dated 17.5.2005 quashing the appointment order of the private respondent no.5 holding that she was not qualified for the said post. Thus, the said post was again advertised on 16.4.2006. It is alleged that the Additional Director of School Education with sole intention to accommodate the private respondent No.5 issued an addendum dated 29.4.2006 providing that for the post of Language Assistant (Lotha) a certificate of proficiency in Lotha awarded by the Kyong Academy & Lotha Literature Committee, Wokha will also be treated as "equivalent to that of passed in HSLC with Lotha Language". THE petitioner and the private respondent No.5 participated in the said interview. As stated by the petitioner, she was placed at sl No.17 in the result of the written test. THE oral interview was conducted but right after oral interview of the petitioner, the Chairman of the Selection Board fell ill due to which the viva voce discontinued but strangely, although the respondent No.5 could not be interviewed, she was appointed as Language Assistant by the respondent No.4 vide impugned order dated 31.8.06. THE petitioner has filed this 3rd Writ Petition for quashing the appointment of the respondent No.5 and for consideration of her promotion to the post of Language Assistant (Lotha) as per Government Notification No.AR-8/26/81 dated 24.9.1981.

(3.) THE State Respondents as well as Private Respondent No.5 who is holding the post in question have filed their respective counter affidavit.