Page No.# 1/29 GAHC020000452025 2025:GAU-NL:74 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/10/2025 SMTI. K. KEDOLHOUNO DOLIE AND 66 ORS D/O KEVILEME DOLIE R/O NAGA HOSPITAL VOLONY KOHIMA NAGALAND 2: SMTI. TEMJENNARO OZUKUM D/O CHUBAMEREN R/O SUNGKOMEN WARD MOKOKCHUNG NAGALAND 3: SMTI K. KEBUCHEMDEN D/O T. KUSHEM AO R/O PURANA BAZAAR (ISBT) DIMAPUR NAGALAND 4: SMTI T. LAMYA D/O TAIWANG KONYAK R/O ZAKLOM WARD MON TOWN MON NAGALAND 5: SMTI. SHENELU D/O YEVECHUYI TUNENU R/O NAGA HOSPITAL COLONY KOHIMA NAGALAND 6: SMTI. ZULHIWE-U T. LOHE D/O WELHINYI T LOHE R/O ENHULUMI VILLAGE PHEK NAGALAND 7: SMTI. NGUPNYU D/O HENYIE Page No.# 2/29 R/O MELURI TOWN 8: SMTI BOKALI YEPTHO D/O KAVITO YEPTHO R/O SEIKHAZOU D KHEL KOHIMA 9: SMTI. CHOZILA T. SANGTAM D/O K. THSIPISE SANGTAM R/O KIPONGYA WARD KIPHIRE TOWN 10: SMTI. KETSEILHOUNUO LESE D/O SELUO LESE R/O DZULHAMI VILLAGE 11: SMTI. KHECHUSA POJAR D/O TIVISIE POJAR R/O KHUMIASU VILLAGE PHEK NAGALAND 12: SMTI. TSISELA A D/O H. ALONGSE R/O MEDICAL WARD KIPHIRE TOWN 13: SMTI. LONENU KHUSOH D/O KHATSAOYI KHUSOH R/O CHOZUBA VILLAGE 14: SMTI. TINGBAYILE D/O PEUKA R/O DIMAPUR 15: SMTI. T. TANGNEU D/O TOPONG R/O NAGA UNITED VILLAGE CHUMUKEDIMA 16: SMTI. REKHEANSHE V. TIKHIR D/O VINTHONG R.P. TIKHIR R/O HILL VIEW COLONY DC COURT DIMAPUR 17: SMTI. THEJANGUNUO CHUCHA D/O HELIE CHUCHA R/O SECHU ZUBZA KOHIMA NAGALAND Page No.# 3/29 18: SMTI. MENUOSENUO D/O LT. NEIVIKUOLIE TSEIKHA R/O NEW SECRETARIAT ROAD L. KHEL KOHIMA VILLAGE KOHGIMA 19: SMTI. JURHO D/O TSUTHOSIE R/O MELURI TOWN PHEK DISTRICT 20: SMTI. Y. KHUMJILA YIMCHUNGER D/O M YIUNHAMONG R/O 3RD NAP TUENSANG 21: SMTI. AKOKLA SANGTAM D/O THRINGMONG SANGTAM R/O HOME GUARD SECTION TUENSANG 22: SMTI. HOTOLI X ACHUMI D/O LT. XEWOLO ACHUMI R/O DC HILL (WEST) ZUNHEBOTO 23: SMTI. W AYING KONYAK D/O WANNYEI KONYAK R/O SHAMNYU WARD MON 24: SMTI. KUVETHILU D/O RAZUVOYI R/O PFUSERO TOWN PHEK DIST 25: SMTI. SASHIMENLA D/O MAONGTOSHI OZUKUM R/O SUNGKOMEN WARD MOKOKCHUNG 26: SMTI ATOHOLI D/O K SHIKAI SEMA R/O SITIMI TOWN KIPHIRE 27: SMTI. LONGSHIBENI T. HUMTSOE D/O THUNGLSOMO HUMTSOE R/O WOKHA TOWN 28: SMTI. ANTIKUMLA CHANG Page No.# 4/29 D/O SANGKAM CHANG R/O ST JOHN A TUENSANG 29: SMTI. DZUVISENO ZASHUMO D/O LT. THEVONEI ZASHUMO R/O NEW RESERVE KOHIMA 30: SMTI. NIMANGNOKSEN D/O N AMONG CHANG R/O TUENSANG TOWN 31: SMTI. NUKULU D D/O DASA LOHE R/O CHOZUBA TOWN 32: SMTI RUTH EZUNG D/O C. LIBENTHUNG LOTHA R/O UNGMA VILLAGE MOKOKCHUNG 33: SMTI. PURSENLA D/O TALIMEREN R/O UNGMA VILLAGE MOKOKCHUNG 34: SMTI. VANBENI E. ENNY D/O LT ELIOTHUNG ENNY R/O PWD COLONY WOKHA TOWN 35: SMTI. NGANGSHIMONGLA D/O TSUKMATOSHI R/O UNGMA VILLAGE MOKOKCHUNG 36: SMTI. YIMMERENLA D/O NUNGSHIYANGER R/O KUMLONG WARD MOKOKCHUNG 37: SMTI. VEKHOSALU D/O YOSANYI R/O THURUTSUSWU VILLAGE PHEK 38: SMTI. ACHUNUO D/O VILAZOLE Page No.# 5/29 R/O ZIEZOU VILLAGE KOHIMA 39: SMTI. AOLILA D/O N. YANGER R/O KUMLONG WARD MOKOKCHUNG 40: SMTI. B. LIHENG PHOM D/O N. BONGSHONG PHOM R/O LONGLENG TOWN 41: SMTI. TONGLAM D/O PAIYU R/O NOKLAK TOWN 42: SMTI. LIDENO TSANGLAO D/O Z. THUNGDEMO TSANGLAO R/O DUNCAN DIMAPUR 43: SMTI. SUNGMO CHEDEN CHANG D/O NAPEM CHANG R/O TUENSANG TOWN 44: SMTI. KIHEILE D/O HAISUILUNG R.O TIZIT MON 45: SMTI. SWEDEVINU ZHOTSO D/O YOPI ZHOTSO R/O DIMAPUR 46: SMTI. PILU D/O RITATU R/O BURMA CAMP DIMAPUR 47: SMTI. LICHULA T. SANGTAM D/O TSATHRONGI SANGTAM R/O BADUMPUKURI DIMAPUR 48: SMTI. S. CHEMDEN CHESHEMLA D./O SOYEN R/O YANGPI VILLAGE TUENSANG Page No.# 6/29 49: SMTI. NIAMKOI D/O LT. LONGKHOI R/O NOKLAK 50: SMTI. NIAMKOI P D/O PETSE KHIAMNIUNGAN R/O OLD MEDICAL B TUENSANG 51: SMTI. VELASALU NAKHRO D/O ZACHITA NAKHRO R/O LOWER BAYAVU HILL KOHIMA 52: SMTI. NGAHHOILAM GUITE D/O PAOKHOTHANG GUITE R/O BURMA CAMP DIMAPUR 53: SMTI. KATONI KIHO D/O VIXEPU KIHO R/O EDEN MEDICAL CENTRE DIMAPUR 54: SMTI. LIHOLI CHISHI D/O KITOHO R/O SOUTH POINT EAST COLONY ZUNHEBOTO 55: SMTI. NUVOLU RINGA D/O VEPOTHIYI RINGA R/O JAIL COLONY KOHIMA 56: SMTI. ALEM KONYAK D/O KHONGYAT KONYAK R/O SHANTHAM WARD MON 57: SMTI. ALICE H. ASSUMI D/O HENITO ASSUMI R/O THILIXU VILLAGE DIMAPUR 58: SMTI S. SUROLILA SANGTAM D/O SELICHEM SANGTAM R/O HIGH SCHOOL B TUENSANG Page No.# 7/29 59: SMTI. THECHANO M. YANTHAN D/O MERITHUNG YANTHAN R/O DUNCAN BOSTI DIMAPUR 60: SMTI. C YOUNGFULA YIMCHUNGER D/O KHANGBA YIM R/O BAZAR A TUENSANG TOWN 61: SMTI. BENDANGIENLA JAMIR D/O LT. IMTINOKDANG JAMIR R/O AOYIMKUM VILLAGE DIMAPUR 62: SMTI. SUNGJEMBENLA LONGKUMER D/O LT. CHUBAKANGBA LONGKUMER R/O SUNGRATSU VILLAGE MOKOKCHUNG 63: SMTI. ATSALA SANGTAM D/O SEPILE SANGTAM R/O PENLI WARD MOKOKCHUNG 64: SMTI. THEJASENO NGUSANYU D/O PELHOUTUO NGUSANYU R/O PHESAMA VILLAGE KOHIMA 65: SMTI. VISEYIENO ZUTSO D/O LT. VIPATSO ZUTSO R/O KIGWEWMA VILLAGE KOHIMA 66: SMTI. HUVOTSOLU LOHE D/O LEAKHABA LOHE R/O KIGWEMA VILLAGE KOHIMA 67: SMTI. JULEM KONYAK D/O WINTAK M. KONYAK R/O ZAKLOM WARD MO VERSUS RHENON KONYAK AND 22 ORS D/O SHRI KHATWANG Page No.# 8/29 R/O THAMNAN WARD, MON TOWN MON NAGALAND 2:SMTI. YONGSENTHEMIA Y DAUGHTER OF SHRI P. YOBA R/O HOGH SCHOOL-A COLONY TUENSANG TOWN TUENSANG- NAGALAND 3:SMTI. MARINA YANTHAN D/O SHRI PHYOPHITHUNG YANTHAN R/O SEITHEKE BASA 4TH MILE WOKHA NAGALAND 4:SMTI. TIAMENLA JAMIR D/O IMNASANGBA R/O AONGZA WARD MOKOKCHUNG TOWN MOKOKCHUNG NAGALAND 5:SMTI. L. LONGKOI KHIAMNIUNGAN D/O SHRI LONGOI KHIAMNIUNGAN R/O MEDICAL WARD NOKLAK-798626 NAGALAND 6:SMTI. CHUMOI M PHOM D/O SHRI MANPONG PHOM 'R/O MULI WARD LONGLENG TOWN-798625 NAGALAND 7:SMTI TALIZENLA JAMIR D/O SHRI IMNASANGBA R/O MAREPKONG WARD MOKOKCHUNG TOWN MOKOKCHUNG-798601 8:SMTI SENTINARO D/O YONGKHONG CHOBA R/O HAKUSHANG WARD TUENSANG TOWN TUWNSANG-798612 9:SMTI HUVEVOLU VENUH D/O SHRI ZACHIVE VENUH R/O PHEK VILLAGE 797108 Page No.# 9/29 10:SMTI M LIHNON D/O MANPOH R/O CHINGAI WARD MON TOWN-998621 11:SMTI. T. TAMHAO KHIAMNIUNGAN D/O SHRI TAIMANG R/O PANGJA VILLAGE NOKLAK-798626 12:SMTI MANSHEN M D/O SHRI MANPANG R/O MULI WARD LONGLENG TOWN LONGLENG-798625 13:SMTI LONGTHONG K D/O SHRI KHUMONG R/O MEDICAL WARD NOKLAK-798626 14:SMTI T. SENTITOLA CHANG D/O LATE SHRI TOPONGNGAKU R/O ORANGKONG VILLAGE TUENSANG-798612 15:SMTI. KOHAI KONYAK D/O LEMNYEI KONYAK R/O CHINGAI WARD MON TOWN- MON -798621 16:SMTI M. TOIMEI D/O SHRI MANKAI KONYAK R/O WALO WARD MON TOWN-798621 17:SMTI. WEMHEKHOU AKAMI D/O KHAWELO AKAMI R/O LOSAMI VILLAGE-797108 NAGALAND 18:THE STATE OF NAGALAND THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND NAGALAND KOHIMA Page No.# 10/29 19:THE COMMISSIONER AND SECRETARY HEALTH AND FAMILY DEPT. NAGALAND KOHIMA 20:THE PRINCIPAL DIRECTOR HEALTH AND FAMILY WELFARE DEPT. NAGALAND KOHIMA 21:THE SECRETARY NSSB NAGALAND KOHIMA 22:THE CONTROLLER OF EXAMINATION NSSB NAGALAND KOHIMA 23:THE UNEMPLOYED ANM ASSOCIATION THROUGH ITS PRESIDENT SMTI. SAKONO YHOSHU C/O THE CONTROLLER OF EXAM NSSB NAGALAND KOHIM Advocate for the Petitioner : T. B. JAMIR, Advocate for the Respondent : , Linked Case : WP(C)/122/2024 SMTI. RHENON KONYAK K AND 16 ORS AGED ABOUT 28 YEARS DAUGHTER OF SHRI KHATWANG KONYAK RESIDENT OF THAMNAN WARD MON TOWN MON-798621 NAGALAND 2: SMTI. YONGSENTHEMIA Y DAUGHTER OF SHRI P. YOBA R/O HOGH SCHOOL-A COLONY TUENSANG TOWN TUENSANG- NAGALAND 3: SMTI. MARINA YANTHAN D/O SHRI PHYOPHITHUNG YANTHAN R/O SEITHEKE BASA 4TH MILE WOKHA NAGALAND Page No.# 11/29 4: SMTI. TIAMENLA JAMIR D/O IMNASANGBA R/O AONGZA WARD MOKOKCHUNG TOWN MOKOKCHUNG NAGALAND 5: SMTI. L. LONGKOI KHIAMNIUNGAN D/O SHRI LONGOI KHIAMNIUNGAN R/O MEDICAL WARD NOKLAK-798626 NAGALAND 6: SMTI. CHUMOI M PHOM D/O SHRI MANPONG PHOM 'R/O MULI WARD LONGLENG TOWN-798625 NAGALAND 7: SMTI TALIZENLA JAMIR D/O SHRI IMNASANGBA R/O MAREPKONG WARD MOKOKCHUNG TOWN MOKOKCHUNG-798601 8: SMTI SENBTINARO D/O YONGKHONG CCHOBA R/O HAKUSHANG WARD TUENSANG TOWN TUWNSANG-798612 9: SMTI HUVEVOLU VENUH D/O SHRI ZACHIVE VENUH R/O PHEK VILLAGE 797108 10: SMTI M LIHNON D/O MANPOH R/O CHINGAI WARD MON TOWN-998621 11: SMTI. T. TAMHAO KHIAMNIUNGAN D/O SHRI TAIMANG R/O PANGJA VILLAGE NOKLAK-798626 12: SMTI MANSHEN M D/O SHRI MANPANG Page No.# 12/29 R/O MULI WARD LONGLENG TOWN LONGLENG-798625 13: SMTI LONGTHONG K D/O SHRI KHUMONG R/O MEDICAL WARD NOKLAK-798626 14: SMTI T. SENTITOLA CHANG D/O LATE SHRI TOPONGNGAKU R/O ORANGKONG VILLAGE TUENSANG-798612 15: SMTI. KOHAI KONYAK D/O LEMNYEI KONYAK R/O CHINGAI WARD MON TOWN- MON -798621 16: SMTI M. TOIMEI D/O SHRI MANKAI KONYAK R/O WALO WARD MON TOWN-798621 17: SMTI. WEMHEKHOU AKAMI D/O KHAWELO AKAMI R/O LOSAMI VILLAGE-797108 NAGALAND VERSUS THE STATE OF NAGALAND AND 72 ORS THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND NAGALAND KOHIMA 2:THE SECRETARY NSSB NAGALAND KOHIMA 3:THE CONTROLLER OF EXAMINATION NSSB NAGALAND KOHIMA 4:THE UNEMPLOYMENT ANM ASSOCIATION THROUGH ITS PRESIDENT SMTI. SAKONO YHOSHU C/O THE CONTROLLER OF EXAM NSSB Page No.# 13/29 NAGALAND KOHIMA 5:THE COMMISSIONER AND SECRETARY HEALTH AND FAMILY WELFARE DEPT. NAGALAND KOHIMA 6:THE PRINCIPAL DIRECTOR HEALTH AND FAMILY WELFARE DEPT. NAGALAND KOHIMA 7:SMTI. K. KEDOLHOUNO DOLIE D/O KEVILEME DOLIE R/O NAGA HOSPITAL COLONY KOHIMA 8:SMTI TEMJENNARO OZUKUM D/O CHUBAMEREN R/O SUNGKOMEN WARD MOKOKCHUNG 9:SMTI. K. KEBUCHEMDEN D/O T. KUSHEM AO R/O PURANA BAZAAR (ISBT) DIMAPUR 10:SMTI. T. LAMYA D/O TAIWANG KONYAK R/O ZAKLOM WARD MON TOWN 11:SMTI. SHENELU D/O YEVECHUYI TUNENU R/O NAGA HOSPITAL COLONY KOHIMA 12:SMTI. ZULHIWE-U T. LOHE D/O WELHINYI T LOHE R/O ENHULUMI VILLAGE 13:SMTI. NGUPNYU D/O HENYIE R/O MELURI TOWN 14:SMTI BOKALI YEPTHO D/O KAVITO YEPTHO R/O SEIKHAZOU D KHEL KOHIMA 15:SMTI. CHOZILA T. SANGTAM Page No.# 14/29 D/O K. THSIPISE SANGTAM R/O KIPONGYA WARD KIPHIRE TOWN 16:SMTI. KETSEILHOUNUO LESE D/O SELUO LESE R/O DZULHAMI VILLAGE 17:SMTI. KHECHUSA POJAR D/O TIVISIE POJAR R/O KHUMIASU VILLAGE 18:SMTI. TSISELA A D/O H. ALONGSE R/O MEDICAL WARD KIPHIRE TOWN 19:SMTI. LONENU KHUSOH D/O KHATSAOYI KHUSOH R/O CHOZUBA VILLAGE 20:SMTI. TINGBAYILE D/O PEUKA R/O DIMAPUR 21:SMTI. T. TANGNEU D/O TOPONG R/O NAGA UNITED VILLAGE CHUMUKEDIMA 22:SMTI. REKHEANSHE V. TIKHIR D/O VINTHONG R.P. TIKHIR R/O HILL VIEW COLONY DC COURT DIMAPUR 23:SMTI. THEJANGUNUO CHUCHA D/O HELIE CHUCHA R/O SECHU ZUBZA KOHIMA NAGALAND 24:SMTI. MENUOSENUO D/O LT. NEIVIKUOLIE TSEIKHA R/O NEW SECRETARIAT ROAD L. KHEL KOHIMA VILLAGE KOHGIMA 25:SMTI. JURHO D/O TSUTHOSIE Page No.# 15/29 R/O MELURI TOWN PHEK DISTRICT 26:SMTI. Y. KHUMJILA YIMCHUNGER D/O M YIUNHAMONG R/O 3RD NAP TUENSANG 27:SMTI. AKOKLA SANGTAM D/O THRINGMONG SANGTAM R/O HOME GUARD SECTION TUENSANG 28:SMTI. HOTOLI X ACHUMI D/O LT. XEWOLO ACHUMI R/O DC HILL (WEST) ZUNHEBOTO 29:SMTI. W AYING KONYAK D/O WANNYEI KONYAK R/O SHAMNYU WARD MON 30:SMTI. KUVETHILU D/O RAZUVOYI R/O PFUSERO TOWN PHEK DIST 31:SMTI. SASHIMENLA D/O MAONGTOSHI OZUKUM R/O SUNGKOMEN WARD MOKOKCHUNG 32:SMTI ATOHOLI D/O K SHIKAI SEMA R/O SITIMI TOWN KIPHIRE 33:SMTI. LONGSHIBENI T. HUMTSOE D/O THUNGLSOMO HUMTSOE R/O WOKHA TOWN 34:SMTI. ANTIKUMLA CHANG D/O SANGKAM CHANG R/O ST JOHN A TUENSANG 35:SMTI. DZUVISENO ZASHUMO D/O LT. THEVONEI ZASHUMO R/O NEW RESERVE KOHIMA Page No.# 16/29 36:SMTI. NIMANGNOKSEN D/O N AMONG CHANG R/O TUENSANG TOWN 37:SMTI. NUKULU D/O SASA LOHE R/O CHOZUBA TOWN 38:SMTI RUTH EZUNG D/O C. LIBENTHUNG LOTHA R/O UNGMA VILLAGE MOKOKCHUNG 39:SMTI. PURSENLA D/O TALIMEREN R/O UNGMA VILLAGE MOKOKCHUNG 40:SMTI. VANBENI E. ENNY D/O LT ELIOTHUNG ENNY R/O PWD COLONY WOKHA TOWN 41:SMTI. NGANGSHIMONGLA D/O TSUKMATOSHI R/O UNGMA VILLAGE MOKOKCHUNG 42:SMTI. YIMMERENLA D/O NUNGSHIYANGER R/O KUMLONG WARD MOKOKCHUNG 43:SMTI. VEKHOSALU D/O YOSANYI R/O THURUTSUSWU VILLAGE PHEK 44:SMTI. ACHUNUO D/O VILAZOLE R/O ZIEZOU VILLAGE KOHIMA 45:SMTI. AOLILA D/O N. YANGER R/O KUMLONG WARD MOKOKCHUNG Page No.# 17/29 46:SMTI. B. LIHENG PHOM D/O N. BONGSHONG PHOM R/O LONGLENG TOWN 47:SMTI. TONGLAM D/O PAIYU R/O NOKLAK TOWN 48:SMTI. LIDENO TSANGLAO D/O Z. THUNGDEMO TSANGLAO R/O DUNCAN DIMAPUR 49:SMTI. SUNGMO CHEDEN CHANG D/O NAPEM CHANG R/O TUENSANG TOWN 50:SMTI. KIHEILE D/O HAISUILUNG R.O TIZIT MON 51:SMTI. SWEDEVINU ZHOTSO D/O YOPI ZHOTSO R/O DIMAPUR 52:SMTI. PILU D/O RITATU R/O BURMA CAMP DIMAPUR 53:SMTI. LICHULA T. SANGTAM D/O TSATHRONGI SANGTAM R/O BADUMPUKURI DIMAPUR 54:SMTI. S. CHEMDEN CHESHEMLA D./O SOYEN R/O YANGPI VILLAGE TUENSANG 55:SMTI. NIAMKOI D/O LT. LONGKHOI R/O NOKLAK 56:SMTI. NIAMKOI P D/O PETSE KHIAMNIUNGAN R/O OLD MEDICAL B TUENSANG Page No.# 18/29 57:SMTI. VELASALU NAKHRO D/O ZACHITA NAKHRO R/O LOWER BAYAVU HILL KOHIMA 58:SMTI. NGAHHOILAM GUITE D/O PAOKHOTHANG GUITE R/O BURMA CAMP DIMAPUR 59:SMTI. KATONI KIHO D/O VIXEPU KIHO R/O EDEN MEDICAL CENTRE DIMAPUR 60:SMTI. LIHOLI CHISHI D/O KITOHO R/O SOUTH POINT EAST COLONY ZUNHEBOTO 61:SMTI. NUVOLU RINGA D/O VEPOTHIYI RINGA R/O JAIL COLONY KOHIMA 62:SMTI. ALEM KONYAK D/O KHONGYAT KONYAK R/O SHANTHAM WARD MON 63:SMTI. ALICE H. ASSUMI D/O HENITO ASSUMI R/O THILIXU VILLAGE DIMAPUR 64:SMTI S. SUROLILA SANGTAM D/O SELICHEM SANGTAM R/O HIGH SCHOOL B TUENSANG 65:SMTI. THECHANO M. YANTHAN D/O MERITHUNG YANTHAN R/O DUNCAN BOSTI DIMAPUR 66:SMTI. YOUNGFULA YIMCHUNGER D/O KHANGBA YIM R/O BAZAR A TUENSANG TOWN Page No.# 19/29 67:SMTI. BENDANGIENLA JAMIR D/O LT. IMTINOKDANG JAMIR R/O AOYIMKUM VILLAGE DIMAPUR 68:SMTI. SUNGJEMBENLA LONGKUMER D/O LT. CHUBAKANGBA LONGKUMER R/O SUNGRATSU VILLAGE MOKOKCHUNG 69:SMTI. ATSALA SANGTAM D/O SEPILE SANGTAM R/O PENLI WARD MOKOKCHUNG 70:SMTI. THEJASENO D/O PELHOUTUO NGUSANYU R/O PHESAMA VILLAGE KOHIMA 71:SMTI. VISEYIENO ZUTSO D/O LT. VIPATSO ZUTSO R/O KIGWEWMA VILLAGE KOHIMA 72:SMTI. HUVOTSOLU LOHE D/O LEAKHABA LOHE R/O KIGWEMA VILLAGE KOHIMA 73:SMTI. JULEM KONYAK D/O WINTAK M. KONYAK R/O ZAKLOM WARD MON ------------ Advocate for : SENTIYANGER Advocate for : appearing for THE STATE OF NAGALAND AND 72 ORS BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 06.03.2025 Page No.# 20/29 Heard learned counsel for the applicants/respondents, Mr. T.B Jamir, Mr. Sentiyanger, learned counsel for the petitioners/opposite parties, Mr. Moa Imchen, learned Senior Government Advocate for the respondent nos. 18, 19 and 20 and Ms. A. Ayemi, learned Government Advocate for the respondent nos. 21 and 22. 2. This is an application under Article 226(3) of the Constitution of India filed by the applicants/respondents in WP(C)122/2024 praying for vacation/modification/alteration of the ex-parte interim order dated 28.06.2024 passed in the connected WP(C)/122/2024 and the subsequent orders extending the said ex-parte interim order dated 28.06.2024. 3. Learned counsel, Mr. T.B. Jamir appearing for the applicants/respondents has drawn the attention of this Court to the facts of the case. It is stated that the Health and Family Welfare Department, Nagaland vide Letter dated 28.11.2022 (at Annexure-B) had requisitioned 62 posts of ANM/FHW to the Nagaland Staff Selection Board (NSSB for short). Accordingly, the NSSB, by Advertisement dated 15.12.2023, which is Annexure-1 to the writ petition, invited applications to fill up the vacancies in various departments including the 61 posts of ANM/FHW under the Health and Family Welfare Department, Nagaland. In the Requisition Letter dated 28.11.2022, the educational qualification for the post of ANM/FHW is mentioned as 10+2 with Diploma in ANM. In the Advertisement dated 15.12.2023 the educational qualification for the post is mentioned only as 2 (two) years course in ANM. In the writ petition, the present O.Ps/petitioners had stated that the 17 petitioners had applied for the post of ANM/FHW and they were selected. Thereafter, by a Page No.# 21/29 Notification dated 22.05.2024 (Annexure-3 to the writ petition), the petitioners were shortlisted for the viva voce examination which was scheduled to commence on 24.06.2024. It was the contention of the writ petitioners that by a Corrigendum dated 23.05.2024 (Annexure-5 to the writ petition) the petitioners’ names, who had been previously selected to appear for the viva voce exam was cancelled. The reason for cancelling the viva voce exam of the petitioners was the Letter dated 28.05.2024 (Annexure-6 to the writ petition) issued by the NSSB in which the NSSB stated that the results of ANM/FHW was re-examined and reviewed and the Board had detected that the entire list of FHW was omitted during the preparation of results for ANM/FHW due to mentioning of only ANM in the requisite educational qualification at the time of registration. The petitioners had submitted that this was clearly a case where the authorities have changed the rules of the game after the game had commenced, and accordingly, the Corrigendum dated 23.05.2024 issued by the NSSB cancelling the names of the petitioners/O.Ps and Notification dated 20.06.2024 (Annexure-8 to the writ petition) also issued by the NSSB by which a new viva voce schedule was issued, was alleged to be ex facie illegal and could not stand the test of law. 4. Upon submission of the learned counsel for the petitioners this Court vide Order dated 28.06.2024 had passed the ex parte interim order suspending the Corrigendum dated 23.05.2024 and the Notification dated 20.06.2024 till the next returnable date and the respondent nos. 2 and 3, i.e., the NSSB was directed not to conduct the viva voce interview for the post of ANM/FHW till the next returnable date. The Interim Order of 28.06.2024 was extended from time to time and was last extended on Page No.# 22/29 30.01.2025. 5. Learned counsel for the applicants/respondents has submitted that the question of law which is involved in the present application and the writ petition is whether the eligibility criteria prescribed in the service rules will prevail over the eligibility criteria given in the Requisition Letter or the Advertisement when there is a conflict between the two. The learned counsel has stated that the recruitment and conditions of service of ANM/FHW is covered by the Nagaland Nursing Service Rules of 1988 (Rules of 1988 for short). As per the Rules of 1988, the educational qualification for direct recruitment to the post of ANM/FHW is Class-10 Standard with 2 years training in ANM/FHW. Therefore, the educational qualification prescribed in the Requisition Letter dated 28.11.2022 and in the Advertisement dated 15.12.2023 is not in conformity with the educational qualification prescribed in the Rules of 1988. It is also submitted that the duration of the training course for FHW was 1 year and 6 months till the year 2014, after which from the year 2015 the course was enhanced to 2 years. Hence, except for applicant nos. 45 and 67 all the other applicants have completed 1 year and 6 months training for FHW. It is further contended that the ANM/FHW courses are equivalent. Accordingly, a common examination is conducted for admission/placement for FHW/ANM and the result is declared by the Principal Director, Health and Family Welfare, Nagaland. It is stated that the Nagaland Nursing Council has also certified that the nomenclature ANM/FHW courses are equivalent vide Certificate dated 21.10.2024. The copies of the result for FHW/ANM dated 09.10.2024 and Certificate dated 21.10.2024 are annexed in the I.A. as Annexures- C and D. It is also submitted that all Page No.# 23/29 the applicants have registered themselves under the Nagaland Nursing Council Act, 2019/ Assam Nurses’ Midwives’ and Health Visitors’ Registration Act, 1953, and registration certificates were issued by the respective councils declaring that the applicants are entitled to practice as registered Midwives/FHW. The registration certificates are at Annexure-H Series in the present application. The applicants being duly qualified for appointment as ANM/FHW applied for the said post which were advertised and were allowed to appear for the written examination. However, when the NSSB declared the list of selected candidates for viva voce vide Notification dated 22.05.2024, (Annexure-3 to the writ petition), none of the applicants were selected for the viva voce. Thereafter, the members of ANM Association submitted a Representation to the Secretary, NSSB on 22.05.2024, (Annexure-4 to the writ petition), questioning the selection process. As a result, the NSSB had issued the Corrigendum dated 23.05.2024, declaring the revised results of the written examination for the post of ANM/FHW whereby the present applicants/respondents were declared qualified and eligible to appear for viva voce and the previously selected candidates including the O.Ps/petitioner nos. 1 to 17 were excluded. The NSSB also replied to the President, ANM Association vide Letter dated 29.05.2024, (Annexure-6 to the writ petition), stating that the result of the ANM/FHW has been re-examined and reviewed and thereafter issued the Notification dated 20.06.2024, at Annexure-8 to the writ petition, re-scheduling a new date for the viva voce. 6. The petitioner had challenged the above mentioned Corrigendum and revised Viva Voce schedule in the writ petition on the following grounds: Page No.# 24/29 a) That as per Rule 43 of the NSSB Regulations 2022, the NSSB is not permitted to re-evaluate the answer papers/scripts after declaration of the final result. b) That ANM is a course as well as a post whereas FHW is only a post. c) That the NSSB could not have tinkered with the educational qualifications. d) That the action of the NSSB amounts to changing the rule of the game after the match is over, which is not permissible. 7. Basing on the above facts and circumstances this Court had vide Interim Order dated 28.06.2024 suspended the Corrigendum dated 23.05.2024 and the Notification dated 20.06.2024 till the next returnable date and the NSSB was directed not to conduct the viva voce interview for the post of ANM/FHW till the next returnable date. The Interim Order of 28.06.2024 was extended from time to time and was last extended on 30.01.2025. 8. The learned counsel for the applicants/respondents, Mr. T.B. Jamir has prayed for vacation/modification/review of the aforementioned Interim Order dated 28.06.2024 on the following grounds: i) The NSSB has issued the impugned qualifications after having detected that the entire list of FHW was omitted during the preparation of results for ANM/FHW due to mentioning of only ANM in the requisite educational qualification at the time of registration. Such rectification on the part of Page No.# 25/29 the NSSB does not amount to re-evaluation so as to attract Rule 43 of the Regulations of 2020. ii) As per the Rules of 1988, the educational qualification prescribed for ANM/FHW is Class-10 Pass with 2 years training as ANM/FHW. As such, as per the Rules of 1988, the ANM/FHW is both the training course and also the post; and, therefore, the ground taken by the petitioners that ANM is a course as well as post whereas FHW is only a post is not factually correct. iii) That the impugned Notifications issued by the NSSB is in consonance with the Rules of 1988, and therefore, the question of the NSSB tinkering with the educational qualification does not arise. iv) The educational qualification prescribed for the post of ANM/FHW in both the Requisition Letter dated 28.11.2022 and Advertisement dated 15.12.2023 are contrary to the Rules of 1988. 9. Learned counsel for the applicants/respondents has relied on the case of Union of India Versus Uzair Imran and Others reported in 2023 SCC Online SC 1308 to support his contention that it is a well settled principle of law that if qualifications mentioned in an Advertisement inviting applicants are contrary to the statutorily prescribed qualifications it is the latter that would prevail. 10. Learned counsel for the applicants/respondents has also submitted that the averments stated in this Interlocutory Application have not been rebutted by the petitioners and, therefore, they are deemed to be Page No.# 26/29 admitted. On this point, the learned counsel for the applicants relies on the case of Naseem Bano Versus State of U.P. and Others reported in 1993 Supp (4) SCC 46 and Asha Versus PT.B.D. Sharma University of Health Sciences and Others reported in (2012) 7 SCC 389. 11. Another submission of the learned counsel for the applicants/respondents is that this Court would be guided by the 3 Golden Principles while considering the interim relief, which are prima facie case, balance of convenience, and suffering of irreparable loss or injury, and the fourth judicially evolved principle of overwhelming public interest should also be taken into consideration. Learned counsel relies on the case of Nripendra Das and Others Versus Binay Kr. Kalita and Others reported in (2021) 2 GLT 24 in support of his contention. He has stated that the present recruitment involves the appointment of ANM/FHW who are the backbone in all the Primary Health Centres across the State and due to the Interim Order of this Court passed on 28.06.2024, the entire recruitment process has come to a standstill, and therefore, the Interim Order may be vacated/modified/reviewed in the interest of justice. 12. Opposing the submissions made by the learned counsel for the applicants/respondents, learned counsel, Mr. Sentiyanger appearing for the petitioners/opposite parties has stated that the applicants have not approached this Court with clean hands in as much as some of the applicants/respondents are ANM and not FHW, and therefore, the entire selection process has become suspect. Learned counsel for the petitioners had placed reliance on the case of Sarita Singh Versus State of Madhya Pradesh and Others reported in 2024:MPHC-JBP:55366 to support his Page No.# 27/29 contention that during the pendency of a recruitment process once the qualification has been mentioned in the advertisement, the same cannot be changed subsequently during the process and if the authorities are required to change the qualification then the entire advertisement has to be cancelled and re-issued. Such was not the situation in the present writ petition. 13. Ld. counsel for the petitioner/O.P also contends that the non-disposal of the main writ petition is due to the non filing of the affidavit-in- opposition by the respondents, and therefore, instead of vacating the Interim Order, the writ petition may be disposed of at the earliest. He has also stated that if the Interim Order is vacated at this stage, the entire writ petition would become infructuous and there would be nothing left in the writ petition to agitate. Such a situation would be contrary to the law laid down in this regard. Therefore, the learned counsel for the petitioners/opposite parties prays that the present application may be rejected and the writ petition may be heard on merit at the earliest. 14. I have considered the submissions of the opposing counsels. The legal position with regard to granting of interim orders has been discussed by the Hon’ble Supreme Court in the case of Bombay Dyeing & Manufacturing Co.Ltd Vrs Bombay Environmental Action Group, (2005) 5 SCC 61, where the Court observed as under: 24. “The courts, however, have to strike a balance between two extreme positions, viz., whether the writ petition would itself become infructuous if interim order is refused, on the one hand, and Page No.# 28/29 the enormity of losses and hardships which may be suffered by others if an interim order is granted, particularly having regard to the fact that in such an event, the losses sustained by the affected parties thereby may not be possible to be redeemed”. 15. The Hon’ble Apex court in Mehul Mahendra Thakkar Vrs Meena Mehul Thakkar, (2009) 14 SCC 48 stated at paragraph 2 that: “Even before giving a verdict on the findings and the conclusions reached by the Family Court, by way of interim relief, the court has granted the main relief itself. This, in our opinion is unsustainable. It is settled legal position, that by way of interim relief, final relief should not be granted till the matter is decided one way or the other”. Applying the same analogy the applicants/respondents would be granted full relief if the interim order dated 28.06.2024 is vacated. 16. The law is therefore settled that if the main writ petition would itself become infructuous if an interim order is not granted, such a situation would be unsustainable. In the present case it is the view of this Court that vacating the interim order would render the writ petition pointless and essentially nothing would remain in the main writ petition for adjudication if the interim order dated 28.06.2024 is vacated or modified. 17. It is important that in deciding an application for vacation of interim order filed by invoking Article 226 (3) of the Constitution it would be proper to decide the application by considering that the ex-parte interim Page No.# 29/29 order passed at the time of admission or motion was in aid of the main relief and the said order was passed after application of judicial mind. Hence, a balanced and justice oriented approach is required. 18. Consequently, the I.A (Civil) 10 of 2025 is dismissed. However, considering the public interest involved, it is directed that the applicants/respondents shall file their affidavit in opposition within 3 weeks from the date of this order. And thereafter the writ petition may be heard expeditiously. JUDGE Comparing Assistant