STATE OF NAGALAND Vs. NEILATUOU SUOKHRIE

JUDGEMENT

(1.) This writ appeal preferred by the State of Nagaland arises out of judgment dated 17.9.96 passed by a learned Single Judge of this Court in Civil Rule No. 96(K) of 1996, thereby holding Rule 5.2 of the Nagaland Technical/Professional Degree Courses (Selection of Candidates) Rules, 1995 (for short the Rules), providing for order of preference for nomination of candidates "as in clear violation of the law settled by the Apex Court" and quashing the same.

(2.) Mr. Mishra, learned counsel appearing for the Appellant State, clarifying the State- stand, submitted that since a question of principle is involved, the State is keen to have an authoritative pronouncement on the point of the validity of Rule 5-2 of the Rules. It is not so much the individual who is otherwise benefited by the order, as compared to those many more sons of the soil, who as a result of quashing of the said Rule 5-2 are likely to be adversely affected by such quashment.

(3.) We propose to first deal with this point as raised by the learned counsel, as indeed it is this thematic point by which, the Appellant State is aggrieved and indeed is the main thrust of the Mishra's argument.