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2025 DAILYLAW 23132 (GAU)

THE STATE OF NAGALAND v. SHRI KEKHRIESILIE RICHA AND 79 ORS

I.A.(Civil)/31/2025 · 2025-03-19

Kakheto Sema

body2025

Judgment text

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Page No.# 1/16 GAHC020001212025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/31/2025 THE STATE OF NAGALAND REPRESENTED BY THE SPECIAL SECRETARY TO THE GOVT. OF NAGALAND, DEPARTMENT OF HOME, NAGALAND, KOHIMA VERSUS SHRI KEKHRIESILIE RICHA AND 79 ORS S/O KECHAVILIE RICHA, R/O CHUMOUKEDIMA, WARD NO 2, NAGALAND 2:SHRI KEZHALESA KUOTSU S/O KEDORU KUOTSU R/O CHUMOUKEDIMA WARD NO. 9 NAGALAND 3:SHRI K. YIMKHONG S/O KIULONGBA R/O CHUMOUKEDIMA WARD NO.9 NAGALAND 4:SHRI MUKAM S/O MUKHE KHEPUR R/O CHUMOUKEDIMA WARD NO.9 NAGALAND 5:SHRI R. HAYITHUNG NGULLIE S/O RENBENMO NGULLIE R/O CHUMOUKEDIMA WARD NO.7 NAGALAND Page No.# 2/16 6:SHRI BENRITHUNG NGULLIE S/O T.A. NGULLIE R/O CHUMOUKEDIMA WARD NO.7 NAGALAND 7:SHRI DZIESELHOUTUO S/O LATE THEYIESAE NIENU R/O CHUMOUKEDIMA WARD NO.9 NAGALAND 8:SMTI. MHONCHUMI Y. TSANGLAO D/O YANBANTHUNG R/O CHUMOUKEDIMA WARD NO.6 NAGALAND 9:SHRI VESUTO NAROH S/O VESHOI NAROH R/O CHUMOUKEDIMA WARD NO.10 NAGALAND 10:SHRI VIOKA B S/O BOKAHO R/O CHANDMARI COLONY KOHIMA NAGALAND 11:SHRI SHANGTSABA SANGTAM S/O SETHRICHO SANGTAM R/O CHUMOUKEDIMA WARD NO.10 NAGALAND 12:SHRI T. YONGSEBA SANGTAM S/O TINGBISE SANGTAM R/O CHUMOUKEDIMA WARD NO.1 NAGALAND Page No.# 3/16 13:SHRI LAKIUMONG N. YIMCHUNGER S/O NEOJI R/O CHUMOUKEDIMA WARD NO.6 NAGALAND 14:SHRI KEZHAWELIE RICHA S/O HECHAVILIE RICHA R/O CHUMOUKEDIMA WARD NO.2 NAGALAND 15:SMTI VIBEIZONO KHRO D/O LHOUSITO KHRO R/O CHUMOUKEDIMA WARD NO.2 NAGALAND 16:SHRI NGAMPAI I KONYAK S/O W. LEMWANG KONYAK R/O CHUMOUKEDIMA WARD NO.7 NAGALAND 17:SHRI SUNGJEMINBA S/O LIPOKSANGBA R/O CHUMOUKEDIMA WARD NO.7 NAGALAND 18:SHRI KIHEUKIGGUMBE RIAME S/O RAMDAND R/O CHUMOUKEDIMA WARD NO.9 NAGALAND 19:SHRI IMKONGNOKTANG S/O IMLIAKUM R/O CHUMOUKEDIMA WARD NO.7 NAGALAND 20:SHRI AKAM YIMCHUNGER Page No.# 4/16 S/O Y. KEKUNG YIMCHUNGER R/O CHUMOUKEDIMA WARD NO.9 NAGALAND 21:SHRI BOTO MURRU S/OVIHUTO R/O CHUMOUKEDIMA WARD NO.1 NAGALAND 22:SHRI LIDISE S/O T. MUNGACHO R/O CHUMOUKEDIMA WARD NO.9 NAGALAND 23:SHRI HOKIGHE S/O KHULU R/O CHUMOUKEDIMA WARD NO.4 NAGALAND 24:SHRI EPOVEYI TETSEO S/O VESUTO TETSEO R/O CHUMOUKEDIMA WARD NO.6 NAGALAND 25:SHRI IZAINEULE TEILIA S/O GIELUI R/O CHUMOUKEDIMA WARD NO.6 NAGALAND 26:SHRI DANIEL VURY S/O ASHOMI VURY R/O CHUMOUKEDIMA WARD NO.4 NAGALAND 27:LHOUSITO KHRO ANGAMI TRI ACTIVIST Page No.# 5/16 PRESIDENT NAGA TRIBAL UNION R/O CHUMOUKEDIMA WARD NO.2 DISTRICT CHUMUKEDIMA NAGALAND 28:SHRI IMLIYANGER IMCHEN S/O LT. I. MARTEMJEN IMCHEN DIBUIA VILLAGE MOKOKCHUNG CONSTABLE NAPTC CHUMOUKEDIMA 29:SHRI CHODIVIZO CHAYA S/O VIKHOL CHAYA VISWEMA VILLAGE KOHIMA CONSTABLE NAPTC CHUMOUKEDIMA 30:SHRI L. MOASUNEP S/O LANUWANGSHI LAKHUNI VILLAGE MOKOKCHUNG CONSTABLE NAPTC CHUMUKEDIMA 31:SHRI SEOLI SANGTAM S/O T. ATACHO SANGTAM SITIMI VILLAGE KIPHIRE CONSTABLE NAPTC CHUMUKEDIMA 32:SHRI R. SHAHATO S/O LT. RHAKKI CHASSIR VILLAGE SHAMATOR CONSTABLE NAPTC CHUMOUKEDIMA 33:SHRI MOATEMSU S/O NEIKENTSULAK OF CHANDANG Page No.# 6/16 MOIKOKCHUNG CONSTABLE NAPTC CHUMOUKEDIMA 34:SHRI SENTIMOA WALLING S/O CHUBAWATI WALLING OF KHAR VILLAGE MOKOKCHUNG CONSTABLE (GD) NAPTC CHUMOUKEDIMA 35:SHRI YIMLONG S/O K. TANGBA NOKSEN VILLAGE TUENSANG CONSTABLE (GD) NAPTC CHUMOUKEDIMA 36:SHRI I. ALI LONGKUMER S/O I. IMLEN LONGKUMER AO KASHIRAM DIMAPUR CONSTABLE NAPTC CHUMOUKEDIMA 37:SHRI IMNARENBA AO S/O LT. KUMSANGLEMBA AO CHANGKI VILLAGE MOKOKCHUNG CONSTABLE NAPTC CHUMOUKEDIMA 38:SHRI IMLISUNEP S/O PANGTIMEREN CHANGKI VILLAGE MOKOKCHUNG CONSTABLE (GD) NAPTC CHUMOUKEDIMA 39:SHRI NZANTHUNG TSOPOE S/O R. THUNGAO TSOPOE SHAKI VILLAGE WOKHA CONSTABLE (GD) NAPTC Page No.# 7/16 CHUMOUKEDIMA 40:SHRI M. MHATHUNG TSOPOE S/O LT. MHONTHUNG TSOPOE SHAKI VILLAGE WOKHA CONSTABLE (GD) NAPTC CHUMOUKEDIMA 41:SHRI MULUVEYI CHIZO S/O SHEVEPA CHIZO ZION COLONY PHEK CONSTABLE (DRIVER) COMMANDANT 1ST NAP. BATTALION 42:SHRI ZUREN N. SHITIO S/O NONGOTHUNG N. SHITIO OKOTSO VILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 43:SHRI JITESH YADAV S/O BECHU SINGH YADAV CHUMOUKEDIMA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 44:SHRI D. OBED YIMCHUNGER S/O TOCHIM YIMCHUNGER HUKER BILLAGE TUENSANG NCE (COOK) COMMANDANT 1ST NAP BATTALION 45:SHRI R. TOKIU S/O S. RECHING KUTHER VILLAGE TUENSANG CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION Page No.# 8/16 46:SHRI K. ROKTSUBA YIMCHUNGER S/O KEKONG YIMCHUNGER HUKER VILLAGE TUENSANG CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 47:SHRI NOKCHIUNG HONGANG S/O LT. MONKOWONGTO CHANG CHINGMEI VILLAGE TUENSANG CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 48:SHRI HOVISHE AYE S/O NIZHETO AYE ZUTOVI VILLAGE DIMAPUR CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 49:SHRI KANHAIYA KUNDRA SAFI S/O LAXMI SAFI KHAJEDIH VILLAGE MADHUBANI BIHAR NCE (COOK) COMMANDANT 1ST NAP BATTALION 50:SHRI LICHITHUNG ODYUO S/O PHYOBEMO ODYUO NEW RIPHYIM VILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 51:SHRI NIPUTO ZHIMO S/O KHEKUTO ZHIMO LIZU OLD VILLAGE DIMAPUR CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 52:SHRI KEYIHUNGBE S/O ANGKI JALUKIE TOWN PEREN Page No.# 9/16 CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 53:SHRI KEZHOTHO PUCHO S/O DZUTHOKHOL VISWEMA VILLAGE KOHIMA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 54:SHRI ATOLIE ZUTSO S/O CHA-O ZUTSO KIGWEMA VILLAGE KOHIMA CONSTABLE (DRIVER) COMMANDANT 1ST NAP BATTALION 55:SHRI Y. DOSO YIMCHUNGER S/O YANSOMONG SOTOKUR VILAGE TUENSANG CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 56:SHRI YANTHAMO O. PATTONG S/O OBED PATTON OLD RIPHYIM VILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 57:SHRI SOJAMO S. NGULLIE S/O SACHEO NGULLIE OLD CHANGSU VILLAGE WOKH CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 58:SHRI N. SATHUNGO KIKON S/O NYANBEMO KIKON CHUKITONG VILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 59:SHRI SUBEN PATTON S/O MARCUS PATTON OLD RIPHYIM VILLAHE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION Page No.# 10/16 60:SHRI ORENPOMO LOTHA S/O YIHAMO LOTHA CHANGSU VILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 61:SHRI LIBEMO N. SHITIRI S/O LT. NLUMO SHITIRI CHANGSU VILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 62:SHRI MHALAMO KIKON S/O NCHUMBEMO KIKON TSUNGKI VILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 63:SHRI ZUJANTHUNG Y. NGULLIE S/O YANKHOSAO NGULLIE TSUNGKI VILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 64:SHRI N. THUNGCHANBEMO KIKON S/O NRITHUNG KIKON KOIO VUILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 65:SHRI YANRENTHUNG PATTON S/O OCHUMBEMO PATTON N. LONGIDANG VILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 66:SHRI LICHIO Y. LOTHA S/O P. YANTSAO LOTHA SENJUM VILLAGE DIMAPUR CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 67:SHRI BIDEMO C. ODYUO Page No.# 11/16 S/O CHUMDEMO ODYUO NEW RIPHYIM VILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 68:SHRI LIYAMO NGULLIE S/O ADAM NGULLIE CHUMOUKEDIMA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 69:SHRI JANBEMO Y. OVUNG S/O UITAMO OVUNG PHIRO VILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 70:SHRI SIMON YANTHAN S/O LATE T. NZABEMO LOTHA PANGTI VILLAGE WOKHA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 71:SMTI. TALISENLA AIER D/O MOAMAR AIER SUNGRATSU VILAGE MOKOKCHUNG CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 72:SHRI NEIKESOLIE RIO S/O LT. SALHOUVI RIO CHIECHAMA VILLAGE KOHIMA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 73:SHRI KIBOVI S/O NIVIKHU KHUKIYE VILLAGE CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 74:SMTI. VIZOKHONO NAGI D/O SEDESIETO NAGI DIPHUPAR B DIMAPUR CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION Page No.# 12/16 75:SHRI THEJANGULIE YHOSHU S/O AZELIE YHOSHU KIGWEMA KOHIMA CONSTABLE (GD) COMMANDANT 1ST NAP BATTALION 76:SHRI MANESH KUMAR YADAV S/O NIRMAL YADAV BASDAUPUR VILLAGE P.O LAHANG DUNADUYA P.S BIHIYA BHOJPUR ARA NEW DELHI NCE (COOK) COMMANDANT 1ST NAP BATTALION 77:KUMARI VIZOTUONUO USUO D/O KHRIEZOLIE USUO NERHEMA VILLAGE KOHIMA CONSTABLE (GD) COMMANDANT 15TH NAP (IR) MAHILA BN 78:KUMARI ALOKALI SUMI D/O NIXESHE SUMI INDUSTRIAL VILLAGE DIMAPUR CONSTABLE (GD) COMMANDANT 15TH NAP (IR) BN 79:KUMARI KUVEVOLU D/O THUPURAYI VERO CHEPOKETA VILLAGE PHEK CONSTABLE (GD) COMMANDANT 15TH NAP (IR) BN 80:KUMARI KHRUNEZOLU D/O KUHUKHWUYI SUTHOZU NAGWU VILLAGE PHEK CONSTABLE (GD) COMMANDANT 15TH NAP (IR) B Advocate for the Petitioner : SEPONGLEMLA CHANG, Advocate for the Respondent : , Page No.# 13/16 BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA ORDER Date : 20-03-2025 Heard Mr. Imti Imsong, learned Addl. Advocate General, Nagaland for the applicant. The present application has been filed by the State of Nagaland represented by the Special Secretary to the Government of Nagaland, department of Home, Nagaland, Kohima, praying for extension of time for compliance of the direction passed in the judgment & order dated 20/09/2024 in W.P.(C) No. 189/2022 to W.P.(C) No. 199/2022. Paragraph-36 of the judgment & order dated 20/09/2024 inter-alia reads as under; “36. Accordingly, this Court therefore disposes of the instant batch of writ petitions with the following observations and directions: (i) The appointments which have been challenged in the instant writ petitions, i.e. 935 posts of Constables who were appointed during the period from January, 2018 to October, 2019 by the State of Nagaland without advertisement are all set aside and quashed. The appointment orders enclosed as Annexures referred to in Paragraph No.3 of the instant judgment are set aside and quashed. (ii) The State Respondents herein are directed to take steps for holding fresh selection of the 935 posts of Constables by issuance of advertisement in Page No.# 14/16 newspapers which are well circulated in the State of Nagaland. The said selection be held in accordance with law. (iii) The process of selection be completed at the earliest and preferably within 6 (six) months from the date of the instant judgment. (iv) The private Respondents herein whose appointments have been set aside by this judgment would be eligible to participate in the fresh selection process. (v) The upper age limit of both the private Respondents as well as the Petitioners herein shall be given relaxation. However, there shall be no relaxation in the matter of basic qualifications as well as the Departmental physical criteria mentioned in Annexure- A to the affidavit dated 20.08.2024. (vi) This Court had rejected the concession/relaxation as sought for in terms with Annexure-A of the affidavit dated 20.08.2024. (vii) The private Respondents may be allowed by the State Respondents to continue in-service for a period of 6 (six) months from the date of the instant judgment or till such time fresh appointments are made pursuant to the selection directed hereinabove, whichever is earlier.” Mr. Imti Imsong, learned Addl. Advocate General has referred to the paragraph-4 of the application which reads as under; “4. That it is further respectfully submitted that the Department has been taking steps in earnest to comply with the direction of this Hon'ble Court, but Page No.# 15/16 considering the ponderous administrative process involved, it is unable to meet the dateline of 6 (six) months set by the Hon'ble Court, which shall expire on 19th day of March, 2025, and faced with the impending prospect of contempt proceeding unless the Hon'ble court is pleased to grant further extension of time in the interest of justice.” It is accordingly submitted that in view of the cumbersome process involved to complete the process of recruitment of the numerous posts of Constable, the State is not able to comply with the judgment & order dated 20/09/2024 within the time framed by the Court. The learned Addl. Advocate General therefore, submits that another 6(six) months time may be granted to the State to complete the process of recruitment as directed by this Court in the judgment & order dated 20/09/2024. Ms. Z.Zhimomi, learned counsel appears for the respondents/petitioners and vehemently objects to the submission made by the learned Addl. Advocate General for extension of time to comply with the judgment & order dated 20/09/2024. She also seeks for 10 days time to file written objection. The judgment & order was passed on 20/09/2024 and the 6(six) months period for complying with the said judgment & order more particularly, to complete the selection process to the post of Constables comes to an end on 20/03/2025. This Court has taken into consideration the submission made by the learned Addl. Advocate General that the Government is earnestly taking steps to comply with the direction passed by this Court however, in view of the ponderous administrative process involved, it is unable to meet the dateline of 6(six) months set forth by this Hon’ble Court. This Court has also taken into consideration the objection raised by Page No.# 16/16 the learned counsel for the respondents/petitioners and this Court is of the view that allowing 10 days time to the respondents/petitioners to file objection will frustrate the application itself. On consideration of the submission made by the learned counsel for the parties and also taking into account that the State is taking steps to comply with the direction passed by this Court. This Court, in the interest of justice, is inclined to grant another 4(four) months time to the State/applicant to complete the process of selection as directed by this Court in the judgment & order dated 20/09/2024. The extended 4(four) months time shall commence from the date of this order. The extension of 4(four) months time is granted only for enabling the State/applicant to complete the selection process for recruitment to the post of Constables. All the other directions passed in the judgment & order dated 20/09/2024 shall remain intact. It is also made abundantly clear that no further extension of time shall be granted to the State for completing the recruitment process to the post of Constables in the Nagaland Police department. The application stands disposed. Sd/- JUDGE Comparing Assistant