TEMJENTULA D/O NUNGSHIKUMZUK Vs. STATE OF NAGALAND

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the advertisement dated 11.01.2012 issued by the Nagaland Public Service Commission insofar as it relates to advertisement for the post of Assistant Professor in Education in Sao Chang College, Tuensang, defying the request made by the Government for exempting the post from the perview of consideration by the Public Service Commission.

(2.) THE writ petitioner has a brilliant academic record. She did her M.A. in Education from Nagaland University and secured First Class First position and a Gold Medal. She also cleared the National Eligibility Test conducted by the University Grants Commission (UGC) as many as 3 (three) times. She has required qualification for being appointed as Assistant Professor/Lecturer in any college under the existing requirements of the University Grants Commission (UGC) as well as the rules of the Government holding the field. Being eligible and suitable for the post of Assistant Professor (Education) the petitioner submitted an application before the appropriate authority for her appointment in Sao Chang College, Tuensang, Nagaland and thereupon she was appointed on contract basis. It is stated that presently the petitioner is holding the charge of H.O.D. of Education department in the said college. At this time, having completed 3 (three) years of contract service, the petitioner submitted representation before the Government for regularization of her service on the ground that she has been working against the sanctioned vacancy, that she was appointed against sanctioned vacancy and that she has all the qualifications for the purpose of being regularly appointed to such sanctioned post. The petitioner further claimed that having worked for 3 years uninterruptedly in the college, she has gained experience and under such circumstances it would be in the interest of the college also to regularize her service as an Assistant Professor in the department of Education in Sao Chang College. While the representation of the petitioner remained pending, request was made to the Nagaland Public Service Commission for issuing advertisement for filling up various posts including the post of Assistant Professor and in that request the post held by the petitioner was also included. Under such circumstances, the Nagaland Public Service Commission issued an advertisement on 11.01.2012. But prior to issuance of this advertisement Government had already considered the representation of the petitioner and had made a communication to the Public Service Commission for exempting the said post of Assistant Professor for the subject Education in Sao Chang College, Tuensang from the perview of selection by the Nagaland Public Service Commission. The Public Service Commission did not accede to the request and proceeded with the selection process.

(3.) I have heard Mr. PB Paul, learned counsel for the petitioner and Mr. I. Longjem, learned counsel appearing on behalf of Nagaland Public Service Commission. I have also heard Ms. S Mere, learned counsel for the respondents No. 1, 3 and 4.