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2026 DAILYLAW 10478 (GAU)

Ngamhai Y Konyak, D/o. Yatwang v. State of Nagaland, Represented By The Chief Secretary

2026-05-12

N Unni Krishnan Nair

body2026
ORDER : N. UNNI KRISHNAN NAIR, J. Heard Ms. Kim Pienyu, learned counsel for the petitioner. Also heard Mr. Philip Lorin, learned counsel for the respondent No.5 and Mr. M. Longkumer, learned Government Advocate for the State. 2. The petitioner in the present proceedings has assailed the approval granted for appointment of the respondent No.5 against the post of MTS, becoming available in the establishment of the District Commandant, Home Guards, Civil Defence and State Disaster Response Force, Mon, Nagaland. The petitioner has further prayed for a direction upon the respondent authorities to consider her case for appointment against the said post, by reckoning her to be a member of the family who had donated land for setting up of Government establishments in Mon District. 3. The petitioner in the writ petition has projected that after the State of Nagaland was formerly inaugurated as the 16th State of the country, an agreement dated 21.02.1964 came to be executed between the Additional Deputy Commissioner, Mon and the Anghs, Goan Boras and elders of Chui and Mon Villages for donation of land without any consideration for setting up of the district head quarters at Mon. It is projected that in terms of the said agreement, the villagers concerned were entitled to retain certain percentage of taxes realized as house or business taxes from private person residing within the area, in question. It is further projected that the said agreement was reviewed on 25.02.2015 and the villagers not being in a position to collect the taxes as agreed, it was provided that preference would be given to villagers of Chui and Mon village for appointment against Grade-IV post in Government departments, situated in the district. It is also projected that in pursuance to a consultative meeting held on 04.06.2024, a Memorandum of Agreement was executed between the Governmental Authorities and the villagers of Mon and Chui village and therein, it was resolved that 49.5% post falling vacant in Grade-IV category in the Government establishment situated within the district, shall be reserved for villagers of Chui and Mon, who had donated land for setting up of such Government establishments. The petitioner projects that on a vacancy arising in the establishment of the District Commandant, Home Guards, Civil Defence and State Disaster Response Force, Mon, against a Grade-IV post, she had submitted an application for consideration of her case for appointment against the said vacant post by reckoning her to be a member of the family who had donated land. The claim made by the petitioner was however not considered and the Government of Nagaland in the Home Department proceeded to accord Administrative Approval for appointment of the respondent No.5, herein, against the said vacant post, which was claimed by the petitioner, herein. Being aggrieved, the petitioner has instituted the present writ petition. 4. The learned counsel for the petitioner by reiterating the facts noticed, hereinabove, has submitted that the petitioner being a resident within the area forming the district headquarters of Mon District and the villagers of the area having donated land, in terms of the understanding arriving at in the matter in pursuance to various Memorandum of Agreement executed, she was entitled to have her case considered for appointment against the vacant post available in the establishment of the District Commandant, Home Guards, Mon. It is further projected that the respondent authorities in a most arbitrary manner did not consider the claim of the petitioner and proceeded to grant Administrative Approval for appointment of the respondent No.5, herein, against the said vacant post. It is further projected that prior to grant of the said administrative approval, there was no selection process carried out, wherein, the respondent No.5 was selected for such appointment. Accordingly, it is submitted that the Administrative Approval, as granted in respect of the respondent No.5, would mandate an interference, with a further direction upon the respondent authorities to consider the claim of the petitioner strictly in accordance with the written agreements holding the field. 5. Per contra, Mr. M. Longkumer, learned Government Advocate appearing for the State respondents has submitted that in pursuance to the application submitted by the petitioner, herein, a process of verification was carried out to ascertain the veracity of the claim made by the petitioner. On such verification made, it was revealed that the Office of the District Commandant Home Guards, Civil Defence and State Disaster Response Force, Mon, was presently functioning, from a rented building belonging to one Shri. Nokpen Wangnao. On such verification made, it was revealed that the Office of the District Commandant Home Guards, Civil Defence and State Disaster Response Force, Mon, was presently functioning, from a rented building belonging to one Shri. Nokpen Wangnao. It is further projected that said Nokpen Wangnao is the husband of the present writ petitioner. Accordingly, it is submitted that the Office of the Home Guards, Civil Defence and State Disaster Response Force, Mon, being found to be functioning from a premises, which was not set up on donated land and it being found to be so operating from a premises taken on rent, the claim made by the petitioner, would not covered by the scheme involved for effecting appointment against Grade-IV post of family members of land donors. 6. With regard to the appointment effected in respect of the respondent No. 5, the learned Government Advocate projects that 12(twelve) applications were received against the post of MTS, which had fallen vacant and all these applications were forwarded to the Government in the Home Department, for necessary approval. It is submitted that the Government upon finding the respondent No.5 to be suitable for appointment against the said vacant post of MTS, had proceeded to grant Administrative Approval for affecting such appointment in respect of the respondent No.5. It is further projected that the application submitted by the petitioner, was also forwarded along with the other 11(eleven) applications received, to the Government for consideration. Accordingly, it is submitted that the Government on a consideration being made, having found the respondent No.5 to be suitable, proceeded to accord Administrative Approval for his appointment against the vacant post available and the same would mandate no interference from this Court. 7. The learned counsel for the Respondent no.5 has adopted the submissions made by the learned Government Advocate. It is further submitted by the Learned Counsel for the Respondent No.5 that the Administrative Approval granted for effecting appointment in respect of the Respondent No.5, having been granted after due consideration of the cases of all applicants, including the petitioner, herein, the same would not mandate any interference by this Court. It is further submitted by the Learned Counsel for the Respondent No.5 that the Administrative Approval granted for effecting appointment in respect of the Respondent No.5, having been granted after due consideration of the cases of all applicants, including the petitioner, herein, the same would not mandate any interference by this Court. It is also submitted by the Learned Counsel for the Respondent No.5, that in view of the interim directions passed by this Court, in the present proceedings, the respondent authorities have not issued the consequential orders towards appointing the Respondent No.5, in terms of the Administrative Approval as granted by the competent authority. 8. I have heard the learned counsel for the parties and also perused the materials available on record. 9. At the outset, this Court would examine the claim of the petitioner for being considered for appointment against the vacant post of MTS available in the establishment of the District Commandant, Home Guards, Civil Defence, and SDRF, Mon, by considering her to be a member of the family which had donated land, for establishing Government establishments. The petitioner in support of her claim for reckoning her to be a member of a family of land donors, had referred to agreements reached between Governmental authorities and the villagers of Chui and Mon village. The scheme in operation in this connection for consideration of the cases of family members of land doners for appointment against Grade-D post, is to the effect that villagers donating land for setting up of a Governmental institution, without receiving any compensation, would be entitled to be considered for appointment against Grade-IV posts. The Office of the District Commandant, Home Guards, Civil Defence and State Disaster Response Force, Mon, is found to be functioning from a premises taken on rent from one Nokpen Wangnao, who is the husband of the present writ petitioner. Accordingly, the claim made by the petitioner for consideration of her case against the vacant post arising in the establishment of the District Commandant, Civil Defence and State Disaster Response Force, Nagaland, is not a claim based on the said establishment functioning from a plot of land donated by the petitioner and/or her family members. Accordingly, the claim made by the petitioner for consideration of her case against the vacant post arising in the establishment of the District Commandant, Civil Defence and State Disaster Response Force, Nagaland, is not a claim based on the said establishment functioning from a plot of land donated by the petitioner and/or her family members. Accordingly, this Court finds that the case of the petitioner is not covered by the provisions of the notification dated 05.03.2018, and accordingly, she would not be entitled to have her case considered for appointment against a Grade-IV post by construing her to be a member of a family donating land for setting up of Government institutions, in the headquarters of Mon District. Accordingly, the claim of the petitioner for such appointment stands rejected. 10. Having drawn the said conclusions, this Court would now examine the challenge presented to the Administrative Approval granted for the appointment of the respondent No.5, against the vacant post of MTS available in the establishment of the District Commandant, Home Guards, Civil Defence and State Disaster Response Force, Mon. It is found that the respondent No.5, along with the petitioner and 10(ten) others, had submitted their respective candidatures for being considered for appointment against the said vacant post. The applications as received were forwarded by the District authorities, to the Home Department, Government of Nagaland. Thereafter, the Home Department, Government of Nagaland, vide communication dated 15.09.2024, had proceeded to accord its Administrative Approval for the appointment of the respondent No.5 against the said vacant post. The materials coming on record does not reveal that there was any selection process carried out in the matter for assessing the suitability of the applicants who had submitted their respective applications, for appointment against the post in question. The Administrative Approval as granted for appointment of the respondent No.5, is found to have been so granted without there being a selection process carried out to ascertain the suitability of the candidates submitting their candidature for the post in question. There being no selection process carried out in the matter, the Administrative Approval granted for appointment of the respondent No. 5, in the considered view of this Court, would not be sustainable and would mandate an interference. 11. There being no selection process carried out in the matter, the Administrative Approval granted for appointment of the respondent No. 5, in the considered view of this Court, would not be sustainable and would mandate an interference. 11. In view of the above conclusions, the Administrative Approval as granted for appointment of the respondent No.5, against the post of MTS in the establishment of the District Commandant, Home Guards, Civil Defence and State Disaster Response Force, Mon, vide communication dated 15.09.2024, insofar it concerns the Respondent No.5, stands set aside. 12. Having interfered with the administrative approval granted for the appointment of the respondent No. 5, this Court directs the respondent authorities to fill up the vacant post of MTS available in the establishment of the District Commandant, Home Guards, Civil Defence and State Disaster Response Force, Mon, strictly in accordance with the procedure mandated in this connection and after conducting a due selection process, giving an opportunity to all eligible candidates to participate, therein. 13. With the above observations and directions, the present writ petition stands disposed of.