P CHUPATHUNG JAMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This appeal has been filed challenging the common Judgment and Order, dated 29.01.2002, passed by the learned Single Judge in W. P. (C) No. 170 (K) 2000 and WP (C) No. 171 (K) 2000.

(2.) Heard Mr. R. Iralu, learned counsel appearing on behalf of the appellants, Mr. N. M. Jamir, learned Addl. Government Advocate for the State respondents Nos. 1 to 6 and Mr. Taka Masa, learned counsel appearing for the respondents Nos. 7 to 26.

(3.) Relevant and necessary facts giving rise to this appeal are that the appellants are undergraduate primary teachers in Wokha District, Nagaland, appointed on ad hoc basis. For filling up the undergraduate posts in Wokha District, Nagaland, a select list of 20 candidates, after taking written test as well as oral interview, was declared on 05.10.2000 and that none of the appellants was included in the select list. Thereafter, the appellants as the petitioners, instituted W. P. (C) No. 171 (K) 2000, for quashing the interview held on 04.10.2000, and the select list declared on 05.10.2000, as illegal, unsustainable in law on the grounds that besides other serious irregularities committed by the Selection Board, the selection process was unfair and the select list dated 5.10.2000 was smacked with nepotism and favouritism etc. The same select list was also challenged in WP (C) No. 170 (K) 2000 by other unsuccessful candidates. The learned Single Judge heard both the writ petitions jointly and passed the impugned common Judgment and Order dated 29.10.2002, by holding that there was no infirmity in the selection of the candidates whose names appear in the select list dated 5.10.2000, save and except in the case of the candidates at serial Nos. 2 and 14 of the select list. In so far as the aforesaid two candidates are concerned, the learned Single Judge directed the Director of School Education, Govt. of Nagaland to conduct an enquiry to ascertain as to whether the aforesaid two candidates are related to the District Education Officer and District Employment Officer as alleged by the writ petitioners. It was also observed that if the findings in the enquiry is that the aforesaid officers or any one of them participated in the selection process in which the aforesaid two candidates at serial Nos. 2 and 14, respectively were selected, their selection shall be taken as null and void and further consequential action should be taken up on that basis.