STATE OF NAGALAND Vs. BENDANGYAPANGLA

JUDGEMENT

(1.) The instant writ appeal, preferred by the State of Nagaland and its officials, is directed against the judgment and order dated 21.09.2015 passed by the learned Single Judge in W.P.(C) No. 73(K)/2015 whereby, the impugned notification dated 08.04.2015 appointing the respondent/ writ petitioner as In-charge Principal of State Council of Teachers Education (SCTE) was set aside and a direction was issued to appoint her to the post of Principal, SCTE in the pay band of 37400-67000 with academic grade pay of Rs. 10,000.00 in terms of the notification dated 27.03.2015.

(2.) The brief facts of the case is that the Government of Nagaland, in the Department of Higher and Technical Education had issued an advertisement notice dated 27.03.2014 inviting application from the eligible candidates for filling up two posts of Principal for the SCTE, Kohima and Mokokchung College of Teachers Education (MCTE) in the pay band 37400-67000 with academic grade pay of Rs. 10,000.00. In the said advertisement notice, the essential qualifications for the post of Principal for both the posts were laid down. In response to the advertisement dated 27.03.2014, the respondent/ writ petitioner had submitted an application dated 16.4.2014 addressed to the appellant No. 3 submitting her candidature for the post of Principal, SCTE, Kohima. By notification dated 19.8.2014, the Governor of Nagaland had constituted a Departmental Selection Committee for the purpose of selection of candidates for appointment as Principals in the SCTE and MCTE. The Departmental Selection Committee had considered the candidature of two candidates including the respondent herein and thereafter, recommended the case of the respondent for appointment as Principal-in-Charge of SCTE by notification dated 08.04.2015. Since the advertisement dated 27.03.2014 was issued, inter alia, for filling up the post of Principal, SCTE, Kohima on regular basis, hence, the respondent was aggrieved by the order dated 08.05.2015 appointing her as "Principal-in-Charge" of the SCTE and accordingly, instituted W.P.(C) No. 73(K)/2015 on the ground that her appointment ought to have been as regular Principal of the SCTE, Kohima and not as Principal-in-Charge. The aforesaid writ petition preferred by the respondent was allowed by the learned Single Judge by the impugned judgment and order dated 21.09.2015. Hence the present writ appeal.

(3.) We have heard Ms. V. Soukhrie, learned Govt. Advocate, Nagaland appearing on behalf of the appellants. We have also heard Mr. C.T. Jamir, learned Sr. counsel assisted by Mr. W. Jamir, learned counsel representing the respondent.