MECHUMLA ANAR Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. C.T. Jamir, learned senior counsel, assisted by Mr. Imkong Jamir, learned Counsel appearing for the petitioner. Also heard Mr. T.B. Jamir, learned Additional Advocate General, Nagaland assisted by N. Angami, learned State counsel appearing for State respondents. By this writ petition, the petitioner, in whose favour the judgment and order dated 28.11.2008 in Writ Petition No. 67 (K) of 2007 and judgment and orders dated 30.11.2012 in Writ Petition No. 235 (K) of 2009 and WP(C) No 54 (K) of 2010 were passed, has challenged the Notification dated 13.12.2013 (Annexure-S to the writ petition) and prayed for setting aside the paragraph 3 of the said Notification and give her all consequential service benefit including pay with effect from 28.7.2008.

(2.) In response to an advertisement for appointment to the post of Medical Officer, the petitioner applied for the said post and submitted her application before the Nagaland Public Service Commission (in short 'NPSC'). Subsequently, a selection test (written and oral) was held and the petitioner along with others were selected. But, while recommending the names of other candidates, the case of the petitioner was not recommended for appointment, under the reserved quota, on the ground that she was found to have used her maternal grandfather's name as her natural father and accordingly she was denied the benefit of reserved quota.

(3.) Aggrieved by the said decision of the NPSC, the petitioner filed a writ petition, being W.P. (C) No. 67 (K) of 2007. The claim of the writ petitioner, in the said writ petition, was contested by the State of Nagaland and Others. The learned Single Judge of this Court, by judgment and order, dated 28.08.2008 aforesaid allowed the writ petition with the following directions:--