BESA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. Asi Kire, learned counsel for the petitioner, Mr. N. Angami, learned Sr. Government Advocate for the State respondents No. 1 to 4 and Mr. Limawapang, learned counsel for the respondent No. 5.

(2.) The present writ petition has been filed seeking for a direction to quash and set aside the order dtd. 17/2/2016 passed by the Principal Director, Directorate of Health and Family Welfare, Nagaland, Kohima, appointing the respondent No. 5 to the post of Dark Room Assistant under the establishment of the Medical Superintendent, T B and Chest Diseases Hospital, Khuzama and to direct the State respondents to fill up the post from amongst the landowners.

(3.) The case in brief is that, by an advertisement dtd. 31/5/2013, issued by the Directorate of Health and Family Welfare, Nagaland, Kohima, applications were invited from amongst the landowners of the district Chest and T B, hospital, Khuzama for filling up one post each of Dark Room Assistant and Medical Attendant. The petitioner applied for the post of the Dark Room Assistant and qualified the selection process. Accordingly, by the order dtd. 26/8/2013 issued by the Principal Director, Health and Family Welfare, Nagaland, Kohima, the petitioner was appointed to the post of Dark Room Assistant at T B and Chest Diseases Hospital, Khuzama. The respondent No.5 however did not qualify for the post of the Medical Attendant. Subsequent to the appointment of the petitioner, Smti. Helena, the mother of the respondent No.5 filed a complaint to the Principal Director, Health and Family Welfare, Nagaland, Kohima, alleging fraud and impersonation in the recruitment to the post of the Dark Room Assistant. Against the complaint, the Song Song Village Authority, Mao, Senapati District, Manipur, one of the village which had donated land for the establishment of the hospital, submitted the letter dtd. 11/11/2013 to the department stating therein that as the respondent No.5 is married to a person from another village i.e. Makhel village, the respondent No.5 is no longer eligible to be appointed on landownership basis and therefore requested the authority to reject the complaint filed by the mother of the respondent No.5 and to continue with the appointment of the petitioner. The said village also on 23/11/2013 adopted the resolution to appoint the petitioner to the post of Dark Room Assistant and communicated the same to the department.