MANTO KONYAK Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This intra-Court appeal arises out of the judgment and order dtd. 24/11/2023 passed by the learned Single Judge in WP(C) No. 339/2022 whereby the writ petition was dismissed on the grounds and reasons stated therein.

(2.) For the purpose of deciding as regards the legality and validity of the said judgment and order passed by the learned Single Judge, we find it relevant to take note of the brief facts of the instant case.

(3.) On 27/10/2008, a notification was issued by the Additional Chief Secretary to the Government of Nagaland which relates to the State policy of recruitment of teachers under the Department of School Education, Government of Nagaland. It was stipulated in the said notification that the candidates who do not possess the prescribed professional qualifications, there would be a relaxation in respect to the conditions stipulated therein. It was also mentioned that the said relaxation shall come into force with immediate effect and the said relaxation shall continue for a period of three years which shall be subsequently reviewed either for extension or discontinuance. Subsequent thereto, another notification was issued on 18/2/2010 by the Additional Chief Secretary to the Government of Nagaland wherein the relaxation in respect of candidates for the post of Post Graduate Teachers in Higher Secondary Schools in the State who do not possess the prescribed professional qualifications were enumerated. Amongst the various conditions enumerated were that every selected candidate on appointment shall undergo the prescribed professional course of B.Ed and shall complete the said course within 5 years in respect of candidates belonging to the Backward Tribes of Konyak, Chang, Khianminungam, Yim-chungru, Sangtam, Phom, Chakhesang, Pochury and Zeliang and within 2 years in respect of the other Naga tribes. Further to that, it was also mentioned that the order of relaxation shall be deemed to come into effect from the date of issue of the first notification relating to relaxation of recruitment policy vice order dtd. 27/10/2008 and shall be valid for a period of 10 years in respect to the candidates belong to the Backward Tribes of Konyak, Chang Khianminungam, Yimch-ungru, Sangtam, Phom, Chakhesang, Pochury and Zeliang and for 5 years in respect to other Tribes.