S KIHOLA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India praying for issuance of appropriate writ or order or direction directing the respondents to implement the provisions of Rule 8 (ii) and Rule 18 (1) (iii) of the Nagaland Public Service Commission (State Civil and other Services) Recruitment Rules, 2008 (Recruitment Rules, 2008, in short) in the recruitment process of Asstt. Mechanical Engineering (AME) in the department of Works & Housing.

(2.) Heard Ms. K. Kihki, learned counsel for the petitioner. Also heard Mr. C.T. Jamir, learned senior counsel appearing on behalf of the respondent No.3 i.e. NPSC and Mr. K. Wotsa, learned Sr. Government Advocate appearing for the State respondent Nos. 1 and

(3.) The respondent No.3, vide Advertisement No.4/2016, dated 19/10/2016 invited applications for filling up several vacancies in posts and services under the Government of Nagaland including one post of Asstt. Mechanical Engineer (AME) (Class-1 Gazetted) (Mechanical Engineering), under Works & Housing Department, 4 posts of Ranger (Class-II Gazetted) under the Department of Forest, Ecology, Environment and Wildlife, one post of Workshop Calculation & Science (Class-III Non-Gazetted) under the Directorate of Employment, Skill Development & Entrepreneurship and one post of Motor Vehicle Inspector (Class-III Non-Gazetted) under the Transport Department. Subsequently, vide Notification No.NPSC/ADVT-1/04, dated 26/10/2016, the respondent No.3 issued a Corrigendum on the advertisement issued earlier stating that 1(one) post of Asstt. Mechanical Engineer (AME) (Class-I Gazetted) at Item No.6 of the advertisement, under Works & Housing Department is reserved for Backward Tribe - Yimchunger. The writ petitioner being eligible for the said 4 posts applied for all of them. Accordingly, she was issued Admit Card to appear for the combined examination conducted for all the 4 posts. On 28/6/2017, vide Notification No.NPSC/C-5/2012, result of the written Combined Technical Services Examination 2016 was declared, however, the petitioner's roll number did not find place among the roll numbers of the persons declared qualified to face viva voce/interview. Being aggrieved, the petitioner has come to this court contending and claiming as follows;