BOKAI SUMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Limawapang, learned counsel for the petitioner and Mr. N. Angami, learned Government Advocate appearing on behalf of the State respondents as well as Mr. I. Imti Longchar, learned counsel appearing on behalf of respondent No.4.

(2.) This is an application under Article 226 of the Constitution of India challenging the communication dtd. 22/10/2018 whereby the Under Secretary of the Government of Nagaland, Health and Family Welfare Department had conveyed the approval to the Government for appointment of various persons including respondent No.4; the order dtd. 25/10/2018 whereby the respondent No.4 was appointed to the post of Medical Attendant at Sitimi PHC, under the establishment of Chief Medical Officer, Kiphire against the vacancy created due to the retirement of Shri. Ivishe Sema, Medical Attendant at Sitimi PHC on 31/5/2016 and for a direction to the respondent authorities to appoint the petitioner as a Medical Attendant at Sitimi PHC under the establishment of Chief Medical Officer, Kiphire.

(3.) The case of the petitioner in brief is that he is an educated unemployed youth and on coming to learn that one Ivishe Sema serving as Medical Attendant at Sitimi, PHC under the establishment of Chief Medical Officer, Kiphire was due to retire on 31/5/2016, he submitted an application dtd. 6/4/2016 to the respondent No.2 requesting to consider his case for appointment against the said resultant vacancy. The said Shri. Ivishe Sema was released from service upon superannuation w.e.f. 31/5/2016. It is the further case of the petitioner that two more applicants applied for the appointment against the vacancy created due to retirement of the said Shri. Ivishe Sema and the respondent No.2 vide letter dtd. 25/3/2017 had intimated the various Chief Medical Officers including the respondent No.3 to follow the certain criterion mentioned in the said communication during the sitting of the Screening Committee. It is the further case that in compliance with the letter dtd. 25/3/2017, the respondent No.3 constituted a Screening Committee and held its sitting on 26/4/2017 in presence of the Village Council, Gaonburas and Dobashis from Sitimi Village and the neigh-bouring villages of Sitimi Village. At this stage, it may be relevant herein to mention that the persons present in the said Screening Committee meeting held at 26/4/2017 were the Chief Medical Officer, BEE, Pharmacist, Attendant (NHM), LDA, Head Dobashis (Sitimi Town), Gaonbura (Natsami Village) and Sitimi Village as well as the person who retired, Shri. Ivishe Sema.