MEDICAL GRADUATES ASSOCIATIN Vs. STATE OF NAGALAND
LAWS(GAU)-1994-5-6
HIGH COURT OF GAUHATI
Decided on May 26,1994

MEDICAL GRADUATES ASSOCIATION Appellant
VERSUS
STATE OF NAGALAND Respondents

JUDGEMENT

- (1.)1. The petitioners 1 and 2 are President and Secretary respectively of Medical Graduates Association having a large number of members in it. The Government Notifications which are impugned in this petition under Article 226 of the Constitution are Annexure-6 dated 21 June, 1993 regarding sanction of Establishment of "Aids Cell" in the Directorate of Health Services, Nagaland and for implementation of the Aids Control Programme and for creation of certain posts by designation/transfer of the equivalent posts from the Directorate of Health Services and Annexure-2 dated 15 July, 1993 by which consequent upon the Notification dated 21.6.93, the respondents 2 and 3 who are both member of the Specialists Cadre came to be appointed as Programme Officer Aids (Joint Director) and Assistant Director (Blood Safety).
(2.)The main contention of the petitioners is that respondents 2 and 3 being members of the Specialists Cadre of the Directorate of Medical Services cannot be appointed to look after the works/business assigned specifically to the Directorate of Health Services.
(3.)At the time of hearing, my attention has been drawn to an order of this Court dated 16,8.93 in which it isi stated that this case should be heard together with Civil Rule 158(K)92 inasmuch as the two matters are analogous. It may be stated, however, that Civil Rule 158(K) 92 has already been heard separately. On the same date i.e. 16.8.93, this Court had stated "the impugned Notification dated 15 July, 1993 was issued appointing respondents 2 and 3 to hold the posts which prima facie would fall under a category of works assigned to Directorate of Health Services. "It was also ordered on the same date that "until further orders impugned Notification dated 15 July, 1993 shall remain sus- pended"


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