T. AKON PHOM Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The petitioners numbering 16 in total have come before this Court praying for: (i) quashing and setting aside the impugned Notification No.EX-1/ESST/1/2022 dtd. 28/4/2025 notifying constitution of the Departmental Recruitment Board (DRB for short), (ii) for quashing and setting aside the Impugned Corrigendum No. EX-1.ESST/1/2022/642-43 dtd. 4/6/2025, by which a written test in the interview process was included midway through the recruitment process, (iii)for quashing and setting aside the physical test being conducted allegedly in contravention of Memorandum No. EX-5/3/2000/6036 dtd. 19/7/2016 and also for (iv) a direction to the State respondents to re-constitute the Departmental Recruitment Board in consonance with the service rules and to conduct the recruitment process strictly in terms of the Advertisement No.Ex.1/ESTT/1/2022 dtd. 7/4/2025 and also (v) for a direction to reconduct physical test in terms of the standard laid down in the Office Memorandum No. EX.5/3/2000/6036 dtd. 19/7/2016.

(2.) Heard learned counsel for the petitioner Mr. Tongpok Pongener and Additional A.G, Ms. V. Suokhrie, for the State respondents.

(3.) The case of the petitioners' is that by an Advertisement No.EX.1/ESST/1/2022 dtd. 7/4/2025, applications were invited for filling up 40(forty) posts of Excise Constables. The Advertisement laid down detailed Criteria and requirements, and at Sl. No. 4 of the Advertisement regarding the recruitment process, it was stated specifically that the recruitment process shall consist of: (a) Physical Test. (b) Suitability Test (Viva-Voce). It is stated that in previous Advertisements on 10/7/2018 and 19/8/2019 also the recruitment process for Excise Constable involved only physical test and suitability test.