STATE OF NAGALAND Vs. T. AKON PHOM

JUDGEMENT

(1.) Heard Mr. C. T. Jamir, learned senior counsel assisted by Mr. Aliba Ozukum, learned counsel for the appellants and Mr. Tongpok Pongener, learned counsel for all the respondents.

(2.) This Intra Court Appeal is directed against the Judgment and Order dtd. 16/10/2025, passed by the learned Single Judge in WP(C)/128/2025, by which the Corrigendum dtd. 4/6/2025 that was impugned and also the physical test alleged to be conducted in contravention of the Memorandum dtd. 19/7/2016 were set aside and quashed. Resultantly, the State respondents in the writ petition were directed to conduct the recruitment process strictly in terms of the Advertisement dtd. 7/4/2025 and the Memorandum dtd. 19/7/2016 by way of conducting physical test and suitability test (viva-voce) as was advertised. Alternatively, if the State Government decide to include written test, a fresh advertisement compliant with the constitutional mandate should be issued and recruitment process be conducted in accordance with law. Aggrieved with the said judgment and order, the State respondents as appellants have filed the instant writ appeal. For the sake of convenience, the writ appellants will be referred to as State appellants and the respondents as writ petitioners hereafter.

(3.) Brief facts of the case, essential for considering the instant writ appeal may be stated at the outset. The Commissioner of Excise and Prohibition, Government of Nagaland on 7/4/2025, issued an advertisement inviting applicants from indigenous inhabitants of Nagaland for filling up of 40 posts of Excise Constables (male and female). It was provided that application forms would be available offline during office hours from 11:00 am to 03:00 pm at the Office of the Commissioner of Excise, Dimapur from 15th to 30/4/2025. The last date of submission of application form was fixed as 30/4/2025 (03:00pm). The advertisement prescribed for the educational qualification, age limit, minimum height and the recruitment process to be physical test and suitability test (viva-voce). Besides this, the documents which were compulsorily required were also indicated and further, candidates having the defects as was indicated in the advertisement would be summarily disqualified.