Guwahati, Sept 24: The Gauhati High Court has quashed the appointments of 935 police constables in Nagaland who were appointed on a regular basis without any advertisement during January 2018 and October 2019.
Further, the single-judge bench of Justice Devashis Baruah, sitting at Kohima, directed the state to hold fresh selection to fill up the 935 posts through advertisement in newspapers.
The court directed the state to complete the selection process within six months from the date of the judgment and in accordance with law.
The case of the petitioners was that they are indigenous unemployed Naga youths possessing requisite qualifications and eligibility to the various posts wherein the private respondents have been appointed on regular basis without any advertisement.
The petitioners submitted that on filing applications under the Right to Information Act, 2005, they learnt that out of 1140 posts of constables, only 206 posts were filled through open recruitment vide advertisement published in August 2019.
The counsel appearing for the petitioners submitted that appointments made in favour of the private respondents were illegal appointments and not irregular appointments.
It was further submitted that as the mandate of Articles 14 and 16 of the Constitution have been violated by granting appointments to the private respondents without any advertisement, all the 935 appointments were required to be set aside and quashed.
On the other hand, the State of Nagaland contended that the appointments made to the private respondents were governed by Part III of the Nagaland Police Manual (the NP Manual). It was submitted that as Rule 20 of the NP Manual did not envisage any advertisement as a prerequisite for recruiting to the post of constables/non-commissioned employees.
The Court noted that the issuance of an advertisement or calling for applications from eligible candidates is the mandate of Articles 14 and 16 of the Constitution for filling up vacancies of employment under the State.
The necessity therefore, is that in order to make Rule 20 of Part III of the NP Manual in consonance with the provisions of Articles 14 and 16 of the Constitution, the aspect of having an advertisement or inviting applications from eligible candidates has to be ingrained to Rule 20 of Part III of the NP Manual.
“Under such circumstances, this Court therefore in order to save Rule 20 of the Part-III of the NP Manual from being constitutionally invalid, has to read the necessity of issuance of advertisement or inviting applications from eligible candidates as being ingrained in Rule 20 of the Part III of NP Manual,” it said.
The court further noted that relaxation to the private respondents as sought for in terms of the affidavit dated August 20, 2024, other than age relaxation, was not permissible. Subsequently, it set aside and quashed the appointments of 935 constables as illegal and directed the state to steps for holding fresh selection.