I AYANGLA IMCHEN Vs. STATE OF NAGALAND

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution of India, the petitioner challenges the validity of the order dated 1. 9. 2006 (Annexure-F to the writ petition) passed by the Principal Secretary, Government of Nagaland, Higher Education Department.

(2.) TO state the brief facts; the petitioner was appointed as a Lecturer through Nagaland Public Service Commission (NPSC in short) w. e. f. 9. 12. 1978 in the Department of Higher and Technical Education and was subsequently placed as a Selection Grade Lecturer w. e. f. 9. 12. 1994 vide an order No. EDS/the/1-12/94 dated 31. 8. 1995 issued by the Commissioner and Secretary to the Government of Nagaland, Department of Higher and Technical Education. She was transferred and posted at Dimapur Government College. Thereafter, the petitioner was transferred and posted as Principal of Sao Chang College, Tuensang by a Government Notification dated 19. 10. 2001 but she declined the post and presently serving as Senior Grade Lecturer at Dimapur Government College.

(3.) THE petitioner, being the seniormost Selection Grade Lecturer applied for appointment to the post of Joint Director of Higher Education under the provision of Nagaland Higher Education Service Rules, 2003 (hereinafter called Rules only ). The name of the petitioner was recommended along with the names of other two Senior Grade Lecturer for the said post and a proposal/panel was sent by the Additional Director, Higher Education to the respondent, Commissioner and Secretary vide letter No. HED/admn-APPTT/2005-06 dated 24. 3. 2006 (Annexure-E to the writ petition ). The name of the private respondent No. 3, a Selection Grade Lecturer, was not recommended for the said post but she was transferred and posted as Joint Director of Higher Education against the vacant post vide impugned order No. EDS/the/9-2/98 dated 01. 09. 2006.