INAVI AWOMI Vs. STATE OF NAGALAND AND OTHERS

JUDGEMENT

(1.) Heard Ms. Z. Zhimoni, learned counsel for the petitioner. Also heard Ms. Luci, learned State counsel, Nagaland and Mr. K. Sema learned counsel appearing for the respondent No. 5.

(2.) The validity and correctness of the order dated 29.5.2004 issued by the Director of School Education, Nagaland, Kohima (Annexure-E to the writ petition) appointing the respondent No. 5 as a Carpenter Helper at Government Middle School, Atokhiji (for short 'GMS') Atokhiji under the establishment of the Deputy Inspector of Schools, is the subject matter of challenge in this writ application filed under Art. 226 of the Constitution of India on the sole ground that the respondent No. 5 was not a land owner of GMS to make him eligible for such appointment in the tune of Government Notifications issued time to time underlining the guidelines for appointment of Grade IV posts in the Education Department, Nagaland.

(3.) The petitioner, case is that GMS was established in the year 1965 on the land which was owned by the father of the petitioner and it was established on the petitioner's land on condition that as and when the School in question was taken over by the Government, appointment to any Grade III or Grade IV post thereof shall be given to the land owner. Subsequently the Government took over GMS in the year 1973. In view of such taking over the land of the petitioner who is the owner of the land over which GMS was established, the petitioner has accrued a right for his appointment in Grade IV post in terms of the Govt. policy. However, respondent No. 5 was appointed as Carpenter-Helper in the said school on ad hoc basis by the impugned order behind the back of the petitioner and even without making any prior advertisement or giving any information whatsoever to the effect of filling of such post. His case is that respondent No. 5 is not the land owner of the school and as such he is not at all entitled to any such appointment either on regular or ad hoc basis and such appointment is against the policy notified and adopted by the Government.