KEVIREIZEU KERHUO Vs. STATE OF NAGALAND AND ORS.

JUDGEMENT

(1.) IN this writ petition, Petitioner is seeking a writ of mandamus for quashing the appointment of the Respondent No. 4 as Asstt. Public Prosecutor on Contract basis.

(2.) BY an order dated 15th December, 1993, Respondent No. 4 has been appointed to the post of Asstt. Public Prosecutor on contract basis for a period of one year and posted at Tuensang. The aforesaid appointment has been assailed on the ground that there is a rule called the Recruitment Rules, of Public Prosecutor or Addl. Public Prosecutor/Asstt. Public Prosecutor Rules, 1981 and the aforesaid appointment has been made in contravention of the said rules.

(3.) IN exercise of the powers, under proviso to Article 309 of the Constitution of India, the Governor of Nagaland framed rules called, the Recruitment Rules of Public Prosecutor or Addl. Public Prosecutor/Asstt. Public Prosecutor rules, 1981 (herein after rules). In Column 7 of the schedule appended to the rules, education and oilier qualification required for direct recruitment has been prescribed, and say; (1) Degree in Arts, Science or Commerce. (2) Degree in Law, LLB or BL (3) Knowledge of local dialect desirable for the post of Public Prosecutor. For the post of Asstt. Public Prosecutor, Degree in Law, LLB or BL, two years practice at Bar, knowledge of local dialect desirable. (Emphasis supplied). In column 10 of the schedule, 100% by promotion in respect of Public Prosecutor and Addl. Public Prosecutor, and 100% by direct recruitment in respect of Asstt. Public Prosecutor. In column 13 of the schedule, the method of recruitment is through the Nagaland Public Service Commission.