LAWS(GAU)-2022-7-45

MHONJAN HUMTSOE Vs. STATE OF NAGALAND

Decided On July 01, 2022
Mhonjan Humtsoe Appellant
V/S
STATE OF NAGALAND Respondents

JUDGEMENT

(1.) This order will dispose of both the writ petitions.

(2.) Heard Mr. N.K Luikham, learned counsel for the petitioner in WP(C) No. 144/2015 and Mr. Moa Jamir, learned counsel for the respondent No. 6 and also for the petitioner in WP(C) No. 165/2014. Also heard Ms. S. Mere, learned State counsel appearing for the State respondents in both the writ petitions, and Mr. Supongwati Walling, learned counsel, who appears for the respondent No. 5 in WP(C) No. 144/2015 and for the respondent No. 4 in WP(C) No. 165 of 2014.

(3.) The case of the petitioner in WP(C) No. 165(K)/2014 is that he belongs to Rachan (Old Tssori) village in the District of Wokha, Nagaland and is one of the land owners belonging to the Patton clan where, the Government Middle School, Rachan (Old Tssori) village (hereafter referred to as the Middle School) is situated. The petitioner is aggrieved with the appointment order dtd. 4/8/2014 by which, the private respondent No. 4 was appointed as Peon in the said Middle School by the Principal Director, Department of School Education, Govt. of Nagaland. According to the petitioner, he belongs to the Patton clan, who had donated the land for the establishment of the Middle School and therefore, he should also have been considered for appointment to the post of Peon in terms of the Government policy pertaining to the Education Department as was circulated vide Communication under Memo No. EDS (E-16/91) dtd. 5/8/1991 (Annexure-C).