MANTO KONYAK Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The petitioners, 3 [three] in nos., have joined together to institute the present writ petition under Article 226 of the Constitution of India stating that they have a common cause of action to espouse. Assailment is made to a part of Clause [iv] of a Notification bearing no. EDS[A]-5/2005 [Pt] dtd. 18/2/2010 issued by the Education Department, Government of Nagaland whereby relaxation was extended to candidates without B.Ed. Degree qualification to apply for the post of Post Graduate Teachers for a period of 10 [ten] years with retrospective effect from 27/10/2008. The petitioners have also challenged two letters, that is, Letter no. DSE/ESTT-SM/1-182/2020/113 dtd. 11/8/2022 & Letter no. DSE/ESTT-SM-1-182/2020/430 dtd. 19/10/2022, issued by the School Education Department, Nagaland. A writ in the nature of mandamus has been sought for directions to the State respondents, firstly, to consider a Communication dtd. 23/8/2022 of the Secretary, Nagaland Police Service Commission favorably and, secondly, to appoint the three petitioners in the posts of Post Graduate Teacher [Computer Science], Post Graduate Teacher [English] and Post Graduate Teacher [Commerce] respectively, as recommended by the Nagaland Public Service Commission for appointment vide a Communication dtd. 18/7/2022.

(2.) In order to appreciate the nature of assailment made and the reliefs sought for, it appears necessary, at first, to exposit the necessary background facts leading to the institution of the writ petition :- The Nagaland Public Service Commission [hereinafter referred to as 'the NPSC' or 'the Commission', as the case may be, at places, for the purpose of easy reference] published an advertisement being Advertisement no. NPSC-3/2019 on 13/11/2019 whereby applications were invited for filling up a number of vacancies under the Government of Nagaland. The vacancies included fresh vacancies as well as backlog vacancies in various departments. The posts sought to be filled up by the Advertisement no. NPSC-3/2019 inter alia included posts of [i] Assistant Professors under the Higher Education Department; [ii] Assistant Professors [College of Teachers Education] under the Higher Education Department; [iii] Lecturer under the Technical Education Department; [iv] Post Graduate Teachers [PGTs] in the Government Higher Secondary Schools under the School Education Department; [v] Post Graduate Teachers [PGTs] under the School Education Department; [vi] Research Associates under the SCERT Department. The present lis is in respect of filling up of vacancies in the posts of Post Graduate Teachers [PGTs] in the Government Higher Secondary Schools and backlog vacancies of Post Graduate Teachers [PGTs] under the School Education Department. By the said Advertisement, applications were invited for [i] 2 [two] posts of PGT [English]; [ii] 1 [one] post of PGT [History]; [iii] 1 [one] post of PGT [Political Science]; [iv] 2 [two] posts of PGT [Computer Science]; [v] 1 [one] post of PGT [Tenyidie]; [v] 1 [one] post of PGT [Commerce]; [vi] 2 [two] backlog posts of PGT [Mathematics]; and [vii] 1 [one] backlog post of PGT [Physics]. The relevant excerpts from the Advertisement no. NPSC-3/2019 relating to Post Graduate Teachers [PGTs] were as under :

(3.) I have heard Ms. Z. Zhimomi, learned counsel for the petitioners; Ms. V. Suokhrie, learned Additional Advocate General, Nagaland for the respondent nos. 1 - 3; and Mr. C.T. Jamir, learned Senior Counsel assisted by Mr. Aliba Ozukum, learned counsel for the respondent no. 4.