GHOSHIHO SEMA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. A. Zhimomi, Mr. Imti Longchar and Mr. L.T. Sangtam, learned counsel for the petitioners and also heard Mr. L.S. Jamir for the State respondents as well as Mr. Kakheto for the private respondents 6 to 15.

(2.) These petitions are taken together as it relates to the same question of law and facts. The petitioners were appointed as Primary Teachers on different dates on ad hoc basis under the Deputy Inspector of Schools (D1S), Kiphire. The services of the petitioners were extended from time to time. The last extention of the service of the petitioners were made by order dated 2.3.01 whereby it was provided that the extension of their services will be till the interview result is declared.

(3.) The DIS, Kiphire respondent No. 5 issued a notification dated 10.4.01 calling for applications for regularization of ad hoc appointees fresh candidates to the post of Under Graduate Primary Teachers. On the basis of the said notification the petitioners along with other fresh candidates applied for the post of Primary Teachers. The interview was conducted on 27.4.2000 and 2.5.2000 and on the basis of the written and oral interview, the Board has rccom- mended the names of 31 ad hoc Primary Teachers for regularization. The Board also has recommended 10 fresh candidates in the waiting list. This recommendation was forwarded to the respondent No. 3, the Director of School Education by the respondent No.5 the DIS, Kiphire. The respondent No. 3 on receipt of the minutes of the recommendation has forwarded the same to the Government for approval. However, while forwarding the list for approval the respondent No. 3 has made a remark that the fresh candidates for Primary Teachers have shown better performance than the ad hoc appointees. However, the Board has recommended the ad hoc appointees for regularization and kept the 10 fresh candidates in the waiting list. He also made a remark that the Government may give decision to process the recommendation of the Board to select the candidates in order of merit. On the basis of the said remark made by the respondent No. 3 the Government approved the list of Primary Teachers under the DIS. Kiphire by arranging the candidates in order of merit as a result of which the present petitioners were not approved for regularization. The petitioners therefore have approached this Court by this writ petition.