AGAINST CORRUPTION AND UNABATED TAXATION (ACAUT) Vs. STATE OF NAGALAND
LAWS(GAU)-2018-8-145
HIGH COURT OF GAUHATI (AT: KOHIMA)
Decided on August 03,2018

Against Corruption And Unabated Taxation (Acaut) Appellant
VERSUS
STATE OF NAGALAND Respondents

JUDGEMENT

MICHAEL ZOTHANKHUMA,J. - (1.) Heard Ms. Zhimomi, learned Counsel for the petitioners. Mr. K. Sema, learned Sr. Addl. Advocate General appears for the State Government assisted by Ms. Livika for respondent Nos. 1 to 26, except 7 and 19. Mr. Taka Masa, learned Counsel appears for the respondent No. 7. Mr. C. T. Jamir, learned Senior Counsel appears for the respondent Nos. 80 to 137. Mr. K. Ndang, learned Counsel appears for the respondent Nos. 64 to 68 and 70 to 73. Ms. Naomy Sale, learned counsel appears for the respondent Nos. 21 and Mr. K. Kire, learned Counsel appears for the respondent No. 19.
(2.) The petitioners' case in brief is that the State respondents have been making rampant backdoor appointments to various Class I, Class II, Class III and Class IV posts under the Government of Nagaland on contract/adhoc basis and regularizing the said appointees by way of the impugned O.M. dated 04.08.2008 and O.M. dated 11.08.2016, which is in violation of the directions of the Apex Court in the case of State of Karnataka Vs. Umadevi (3), reported in 2006 4 SCC 1.
(3.) The petitioner's counsel submits that no advertisements have been issued by the State respondents before appointing persons on contract/adhoc basis and without following the recruitment rules made for the said post. She submits that the appointments made on contract/adhoc basis by the State respondents are being made on a pick and choose policy and as the same has been done without any selection process, the same has resulted in depriving thousands of educated youth of the State from participating in the selection process. The petitioner's counsel has produced recruitment rules pertaining to various posts under all the Departments under the Government of Nagaland, except the Art and Culture Department. She submits that as recruitment rules have been framed, the vacancies should be filled up as per rules, after vacancies are notified and advertised.;


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