RUOKUOZHALHOU LINYU (DR.) Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Joshua Sheqi, learned counsel for the petitioner and Ms. V. Suokhrie, learned Government Advocate appearing for the respondent Nos. 1, 2 and 3. Also heard Mr. Limawapang, learned counsel for respondent Nos. 5 and 6. None appears for the respondent No. 4 despite service of notice.

(2.) By filing this writ petition under Article 226 of the Constitution, th petitioner has sought for quashing and setting aside the Letter dtd. 15/12/2021 (Annexure-P), for directing the State respondents to modify the Office Memorandum dtd. 27/1/2022 (Annexure-F) in respect of the proviso for the Category-II doctors and for a direction to the State respondents to nominate all the 7 (seven) post graduate seats at Regional Institute of Medical Sciences (RIMS) on merit basis only.

(3.) Brief facts of the case essential for disposal of the writ petition is that the petitioner and the respondent Nos. 5 and 6 were appointed as medical doctors on contract basis for a period of one year or till they are appointed regularly through Nagaland Public Service Commission (NPSC), whichever is earlier, through different appointment orders. Vide Notification dtd. 22/11/2021, the respondent No. 3 issued a general information to all the intending medical graduates who are seeking admission to MD/MS/Diploma courses at RIMS under "Sponsored" and "Open" category that PG seats will be allotted to eligible candidates from the State-wise merit list of NEET-PG 2021 through physical counseling to be held at RIMS, Imphal. It was also provided that the last date of submission of application forms will be intimated and published on the web portal of RIMS. The respondent Nos. 5 and 6 accordingly submitted their applications to the respondent No. 3 on 29/11/2021 and 3/12/2021 respectively. Their applications were then forwarded by the respondent No. 3 to the respondent No. 2 on 15/12/2021 (AnnexureP). The last date for submission of application forms was intimated as 15/1/2022 by the RIMS, vide their Circular dtd. 11/1/2022.