Page No.# 1/12 GAHC020005142024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/189/2024 SMTI. TSABENI P. KITHAN D/O SHRI PHYOSAO KITHAN PERMANENT R/O OLD CHANGSU VILLAGE WOKHA NAGALAND VERSUS THE COMMISSIONER AND SECRETARY AND 4 ORS GOVT. OF NAGALAND DEPT. OF HEALTH AND FAMILY WELFARE NAGALAND KOHIMA 2:THE PRINCIPAL DIRECTOR DIRECTORATE OF HEALTH AND FAMILY WELFARE NAGALAND KOHIMA 3:THE CHIEF MEDICAL OFFICER WOKHA NAGALAND 4:SHRI MHABEMO N MEDICAL ATTENDANT CHANGSU SUB-CENTRE WOKHA NAGALAND 5:CHANGSU VILLAGE COUNCIL REPRESENTED BY ITS CHAIRMAN WOKHA NAGALAN Advocate for the Petitioner : JOSHUA SHEQI, NAGALI SHOHE,CHINGMEI KONYAK,MIKA H AYE,ATOKA,P MHONBENI EZUNG,KEDI KOSO,K LILY SWU,KETHO SEKHOSE,KEVI KIRE,YEKA SUMI,KIVITOLI SWU,R WONCHIBENI TSANGLO,TUNATO YEPTHO,RUBICA KIHO,VITO K SHOHE Advocate for the Respondent : , Page No.# 2/12 BEFORE HON'BLE MR. JUSTICE UNNI KRISHNAN NAIR ORDER Date : 05.02.2026 Heard Mr. Joshua Sheqi, learned counsel, appearing for the petitioner. Also heard Mr. M. Longkumer, learned Government Advocate, appearing for the Respondent nos.1, 2 & 3 as well as Mr. W. R. Ngullie, appearing for the respondent no.7. 2. The petitioner by way of instituting the present writ petition has assailed an order dated 14.08.2024 issued by the Principal Director, Directorate of Health & Family Welfare, Nagaland, appointing the respondent no.4, as a Medical Attendant at Changsu Sub-Centre, Wokha, Nagaland. The petitioner has also prayed for a direction upon the respondent authorities to appoint her against the vacancy caused on retirement of Shri Nchumbemo Lotha, Medical Attendant, as a descendant of the land donor by honoring the Deed of Agreement dated 03.05.2000, entered into by the land donors and the respondent authorities. 3. The petitioner in the writ petition has projected that in terms of a Deed of Agreement dated 03.05.2000 executed between the land donors and the respondent authorities, a plot of land was donated to the Government for construction of Sub-Centre at Changsu village under the control of the Chief Medical Officer, Wokho. The Page No.# 3/12 petitioner has projected that she is the descendant of one of the land donor i.e., E. Nremo Kithan. A vacancy against the post of Medical Attendant having arisen on account of retirement of the incumbent therein, w.e.f., 28.02.2022, the petitioner by projecting herself to be a descendant of a land donor basing on the said Deed of Agreement dated 03.05.2000, submitted an application for consideration of her case for appointment against the said vacant post in the light of the policy of the Government for effecting appointments in respect of land donors. The application of the petitioner was processed, however, the respondent authorities proceeded to appoint the respondent no.4 vide issuance of the order dated 14.08.2024 against the said vacancy of the Medical Attendant at Changsu Sub-Centre under the control of the Chief Medical Officer, Wokho. Aggrieved by the violation of the policy in place with regard to preferential treatment, required to extended to land donors and/or to their descendants in the matter of appointment against the Grade-IV vacant posts, the petitioner has instituted the present writ petition praying for the reliefs noticed, hereinabove. 4. Mr. Joshua Sheqi, learned counsel for the petitioner, submits that the petitioner is a descendant of E. Nremo Kithan, who was one of the persons donating land for the construction of the Health Sub-Center at Changsu village. Mr. Sheqi, by referring to the Deed of Agreement dated 03.05.2000, has submitted that the said land donation had occasioned in the year 1982, however, the Deed of Page No.# 4/12 Agreement, was executed only on 03.05.2000. He submits that the petitioner is the descendant of the said E. Nremo Khitan, and accordingly her case was required to be considered for appointment against the vacant Grade-IV post available in the said Sub-Centre by extending to her benefit of the policy of the Government of Nagaland, for extending appointment in respect of land donors and/or their descendants against Grade-IV vacant post. 5. Mr. Joshua Sheqi, has submitted that although on the date of the registration of the said Deed of Agreement, i.e., on 03.05.2000, E. Nremo Kithan had already passed away, the said agreement also reflects that E. Nremo Kithan had donated his land for the purpose of the construction of the Sub-Centre at Changsu village. The learned counsel for the petitioner has submitted that the verification report brought on record after direction in this connection was passed in the present proceedings by this Court, also reveals that a part of the land of the petitioner’s family was utilized for the purpose of construction of the said Sub-Centre. He submits that the projection made by the respondent authorities that the land, in question, was solely donated by Renbomo Odyuo, is clearly unsustainable and materials having been brought on record to also demonstrate that a portion of land of the petitioner’s family was also utilized for the functioning of the said Sub-Centre, the petitioner is required to be construed as a descendant of a land donor and accordingly, extended with an appointment Page No.# 5/12 against the Grade-IV post in terms of the policy in place of the Government of Nagaland in this connection. 6. Mr. Joshua. Sheqi, has further submitted that the dispute arising on account of the Deed of Agreement being registered after the death of the grandfather of the petitioner, should not be permitted to be projected by the respondent authorities to deny to the petitioner her due benefits being a descendant of a land donor, inasmuch as, the materials brought on record reveals that a portion of the land of the petitioner’s family was utilised for the funtioning of the said Sub-Sentre. 7. Mr. J. Sheqi, has submitted that the respondent no.4, herein, was appointed vide an order dated 14.08.2024, without there being any process of selection carried out in the matter. Accordingly, he submits that the appointment as effected in respect of the respondent no.4 vide the order dated 14.08.2024 would mandate an interference from this Court with further direction to the respondent authorities to consider the case of the petitioner for an appointment against the said post by considering her to be a descendant of a land donor. 8. Per contra, Mr. M. Longkumer, learned counsel, appearing for the State Respondents, submits that the Deed of Agreement dated 03.05.2000, relied upon by the petitioner for establishing her case of being a descendant of a land donor is clearly unsustainable, inasmuch as, a perusal of the said Deed of Agreement would reveal that the same was presented for registration on 03.05.2000, Page No.# 6/12 however E. Nremo Kithan, descendant of whom is the petitioner, had already passed away on 09.03.1999. He submits that the petitioner has not disputed the fact that her grandfather had already passed away on 09.03.1999 and accordingly it is submitted that the grandfather of the petitioner could not have executed the said Deed of Agreement on 03.05.2000. He submits that the very basis of the claim made by the petitioner in the writ petition for being considered for appointment as a descendant of a land donor being not available to the petitioner on account of the fact that the said Deed of Agreement could not have been executed by her grandfather E. Nremo Kithan on 03.05.2000, the claim of the petitioner would not mandate an acceptance by this Court. He further submits that in view of the fact that the petitioner is not entitled to be appointed against the vacant post of Grade-IV, in question, by considering her to be a descendant of the land donor, the petitioner would have no locus to assail the appointment effected in respect of the respondent no.4, herein. 9. Mr. W. R. Ngullie, learned counsel, appearing for the respondent no.4, submits that E, Nremo Kithan, who is the grandfather of the petitioner had expired on 09.03.1999. Accordingly, he could not have appended his signature in the Deed of Agreement dated 03.05.2000. Mr. W. R. Ngullie, further submits that the petitioner has based a claim for being appointed against the vacant Grade-IV post by considering her to be a descendant of a Page No.# 7/12 land donor solely relying on the Deed of Agreement dated 03.05.2000, the said Deed of Agreement admittedly being one which cannot be deemed to have been executed by the grandfather of the petitioner, the very basis of the claim made by the petitioner is no longer available. He further submits that the verification reports submitted by the respondent authorities also bring to the forefront that the land, in question, wherein, the Sub-Centre is located was donated by the Odyuo Clan and the grandfather of the petitioner had not made any donation of land in this connection. 10. In the above premises, Mr. W.R. Ngulllie, submits that the very basis of the claim made by the petitioner for considering her case of appointment against the vacant Grade-IV post by considering her to be a descendant of a land donor being disputed and the Deed of Agreement dated 03.05.2000, being not permissible to be executed by the grandfather of the petitioner, the petitioner would have no locus to assail the appointment effected in respect of the respondent no.4, herein, vide the order dated 14.08.2025. 11. I have heard the learned counsel for the parties and perused the materials available on record. 12. The petitioner in the writ petition has projected that she is the descendant of one E. Nremo Kithan, who had donated land for construction of a Health Centre at Changsu village. In support of her such claim, the petitioner had relied upon a Deed of Agreement dated Page No.# 8/12 03.05.2000. The said Deed of Agreement reveals that a plot of land measuring 200 feet x 200 feet was selected for construction of a Sub- Centre at Changsu village. The said land is projected to belong to one Renbomo Odyuo and one E. Nremo Kithan. E. Nremo Kithan, is projected to be the grandfather of the petitioner, herein. The Deed of Agreement further reveals that the land was donated free of cost on the condition that Grade-IV post would be given to both land donors. 13. What is relevant to note herein, is that the said Deed of Agreement was projected to be presented for execution by both Renbomo Odyuo and E. Nremo Kithan on 03.05.2000. Accordingly, the said Deed of Agreement was registered vide Registration No.67/2000 on 03.05.2000. However, the materials brought on record reveals that the grandfather of the petitioner E. Nremo Kithan had expired on 09.03.1999. The date of death of her grandfather is not disputed by the petitioner in the present proceedings. Accordingly, the Deed of Agreement dated 03.05.2000 in so far as it concerns the donation of land by E. Nremo Kithan is disputed. A dead person cannot be projected to have executed a Deed of Agreement after the date of his death. In the writ petition there is no clarification brought on record by the petitioner pertaining to the execution of the said Deed of Agreement after the death of her grandfather. However, after the said plea was raised by the respondent no.4 in the affidavit filed by him in the present proceeding, the petitioner has tried to project a story to the effect that the Page No.# 9/12 Deed of Agreement, in question, was actually executed in the year 1998 between the land owners and the State respondents and the registration was only done on 03.05.2000. The said plea raised by the petitioner is clearly an after thought. The Deed of Agreement dated 03.05.2000 cannot be the basis for the petitioner to claim that she is a descendant of a land donor. 14. The respondent authorities have also carried out verification of the particulars of the land donors of the land wherein, the Health Sub-Centre at Changsu village is presently functioning. The verification reports coming on record also reflects that the Changsu Health and Wellness Sub Centre is located within the land of late Renbomo Odyou. However, it is also brought on record that the only motorable approach road leading to the said Sub-Centre and the parking space is located within the donated land of the petitioner’s family. The said aspect of the matter need not detain this Court further, inasmuch as, the claim made by the petitioner in the present proceeding is based on a Deed of Agreement dated 03.05.2000 which admittedly is of no consequence in so far as it concerns the donation of land by the grandfather of the petitioner for construction of the said Sub-Centre at Changsu village, inasmuch as, on the date of execution of the said Deed of Agreement, the grandfather of the petitioner was no longer present in this world. The said agreement also does not reveals that the same was entered into in the year 1998 and was only registered on 03.05.2000. Accordingly, disputed questions of facts Page No.# 10/12 having coming on record and the claim of the petitioner in the writ petition being so based on a Deed of Agreement dated 03.05.2000, which has got no legal force on the same being shown to have been also executed by a dead person, this Court is not in a position to accept the claim made by the petitioner in the present proceeding of being a descendant of a land donor who had also donated land for construction of a Sub-Centre at Changsu village. Accordingly, the claim of the petitioner made in the present petition for a direction upon the respondent authorities for appointing her against the post of Medical Attendant at Changsu Sub-Centre under the control of the Chief Medical Officer, Wokho, would not mandate an acceptance from this Court. Accordingly, the said claim of the petitioner stands rejected. 15. Having drawn the above conclusion, this Court would now examine the challenge presented by the petitioner to the appointment of the respondent no.4 as Medical Attendant at Changsu Sub- Centre, under the control of the Chief Medical Officer, Wokho, vide the order dated 14.08.2024. The respondent no.4 in his affidavit has not spelt out the manner in which he was selected for appointment against the said post. The materials brought on record does not reveal that a recruitment process was initiated for the purpose of filling up of the said vacant post of Medical Attendant becoming available on retirement of the incumbent, therein, w.e.f., 28.02.2024. The materials Page No.# 11/12 brought on record further does not reveal that a fair and transparent process of selection was followed in the matter before the respondent no.4 came to be appointed against the said post vide issuance of the order dated 14.08.2024. The respondent no.4 being not a land donor and/or a descendant of a land donor or not being appointed on compassionate grounds, the post, in question, could not have been filled up in terms of the policy of the Government of Nagaland without advertising the same and thereafter following a fair and transparent process of selection. 16. From the materials brought on record , this Court does not find any such process being undertaken leading to the issuance of the impugned order dated 14.08.2024 appointing the petitioner against the post of Medical Attendant at the said Sub-Centre. Accordingly, this Court is of the considered view that the appointment of the petitioner being so effected without carrying out a due process of selection after the post, in question, was advertised and given vide publicity, this Court is of the considered view that the said appointment as effected in respect of the respondent no.4 vide the order dated 14.08.2024 would not be sustainable. 17. The approval granted by the Government for the appointment of the respondent no.4 would not validate his appointment vide the order dated 14.08.2024, inasmuch as, it has not been demonstrated that the petitioner was selected for such appointment after following a due process Page No.# 12/12 of selection after the post, in question, was advertised. Accordingly, in view of the above discussion, this Court is of the considered view that the order dated 14.08.2024 issued by the Principal Director, Directorate of Health & Family Welfare, Nagaland, cannot be sustained and accordingly, the said order dated 14.08.2024, along with the approval granted for the same vide communication dated 13.08.2024 stands set aside . The post of Medical Attendant as available in the Sub- Centre at Changsu, under the control of the Chief Medical Officer, Wokho, shall now be filled up by the respondent authorities by adopting a due process of recruitment and by considering the cases of all eligible candidates so applying, in pursuance to the advertisement now required to be issued. The petitioner as well as the respondent no.4 would be eligible to submit their respective application on the advertisement being issued for recruitment against the said post, in question. 18. With the above observations and directions, the present writ petition stands disposed of. Sd/- JUDGE Comparing Assistant