Gauhati High Court
High Court Bar Association vs The Gauhati High Court on 14 June, 2022
Author: Suman Shyam
Bench: Suman Shyam, Malasri Nandi
Page No.# 1/6
GAHC010167942020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4908/2020
HIGH COURT BAR ASSOCIATION,
KOHIMA, H.Q. KOHIMA, NAGALAND. REGD. NO.HOME/SRC-6419, REP. BY
ITS PRESIDENT, SHRI ASHIPRI ZHO, R/O. KOHIMA, NAGALAND.
VERSUS
THE GAUHATI HIGH COURT, GUWAHATI AND 7 ORS.
REP. BY THE REGISTRAR, GAUHATI HIGH COURT, KOHIMA BENCH,
KOHIMA, NAGALAND.
2:THE REGISTRAR GENERAL
GAUHATI HIGH COURT
GUWAHATI.
3:THE REGISTRAR (VIGILANCE) CUM IN CHARGE
RECRUITMENT CELL
GAUHATI HIGH COURT
GUWAHATI.
4:AISHWARYA NIGAM
R/O. SM-45
BLOCK-5
SAHYADRI ENCLAVE
BHADBHADA ROAD
DEPOT
BHOPAL-462003
MADHYA PRADESH.
5:SMTI. NIKILI ROCHILL
Page No.# 2/6
C/O. ER. VITOSHE K ROCHILL
ADDL. CHIEF ENGINEER (CIVIL)
DEPTT. OF POWER (T AND G)
BELOW AG
KOHIMA-797001
NAGALAND.
6:ROBERT LHUNGDIM
R/O. KUKI CHRISTIAN CHURCH COMPOUND
DEWLAHLAND
IMPHAL
MANIPUR-795001.
7:THE STATE OF NAGALAND
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND
KOHIMA.
8:THE PRINCIPAL SECRETARY
TO THE GOVT. OF NAGALAND
DEPTT. OF JUSTICE AND LAW
NAGALAND
KOHIMA
Advocate for the Petitioner : MR. C T. JAMIR
Advocate for the Respondent : SC, GHC
Linked Case : WP(C)/4910/2020
QHETO A. CHOPHY
S/O. SHRI AHOZHE CHOPHY
R/O. CHEKIYIE VILLAGE
P.O. AND P.S. DIMAPUR
DIST. DIMAPUR
NAGALAND.
VERSUS
THE GAUHATI HIGH COURT AND 6 ORS.
GUWAHATI
REP. BY THE REGISTRAR GENERAL
Page No.# 3/6
GAUHATI HIGH COURT
GUWAHATI
ASSAM.
2:THE REGISTRAR GENERAL
GAUHATI HIGH COURT
GUWAHATI
ASSAM.
3:THE REGISTRAR (VIGILANCE) CUM INCHARGE
RECRUITMENT CELL
GAUHATI HIGH COURT
GUWAHATI
ASSAM.
4:AISHWARYA NIGAM
R/O. SM-45
BLOCK-5
SAHYADRI ENCLAVE
BHADBHADA ROAD
DEPOT
BHOPAL-462003M MADHYA PRADESH.
5:ROBERT LHUNGDIM
R/O. KUKI CHRISTIAN CHURCH COMPOUND
DEWLAND
IMPHAL
MANIPUR-795001.
6:THE STATE OF NAGALAND
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND
KOHIMA.
7:THE PRINCIPAL SECRETARY
TO THE GOVT. OF NAGALAND
DEPTT. OF JUSTICE AND LAW
NAGALAND
KOHIMA.
------------
Advocate for : MR. L WAPANG
Advocate for : SC
GHC appearing for THE GAUHATI HIGH COURT AND 6 ORS.
Linked Case : WP(C)/4909/2020
SMT. T. TILILA SANGTAM
D/O. Y.T. SANGTAM
Page No.# 4/6
R/O. CHUNGLIYIMTI VILLAGE
P.O. AND P.S. CHARE
DIST. TUENSANG
NAGALAND.
VERSUS
THE GAUHATI HIGH COURT AND 6 ORS.
GUWAHATI
REP. BY THE REGISTRAR
GAUHATI HIGH COURT
KOHIMA BENCH
KOHIMA
NAGALAND.
2:THE REGISTRAR GENERAL
GAUHATI HIGH COURT
GUWAHATI.
3:THE REGISTRAR (VIGILANCE) CUM INCHARGE
RECRUITMENT CELL
GAUHATI HIGH COURT
GUWAHATI.
4:AISHWARYA NIGAM
R/O. SM-45
BLOCK-5
SAHYADRI ENCLAVE
BHADBHADA ROAD
DEPOT
BHOPAL-462003
MADHYA PRADESH.
5:ROBERT LHUNGDIM
R/O. KUKI CHRISTIAN CHURCH COMPOUND
DEWLAND
IMPHAL
MANIPUR-795001.
6:THE STATE OF NAGALAND
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND
KOHIMA.
7:THE PRINCIPAL SECRETARY
TO THE GOVT. OF NAGALAND
DEPTT. OF JUSTICE AND LAW
NAGALAND
KOHIMA.
------------
Advocate for : MR. C T. JAMIR
Page No.# 5/6
Advocate for : SC
GHC appearing for THE GAUHATI HIGH COURT AND 6 ORS.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 14/06/2022 Suman Shyam, J Heard Mr. C.T. Jamir, learned senior counsel assisted by Mr. Lima Wapang, learned counsel for the writ petitioners. We have also heard Ms. T. Khro, learned Additional Advocate General, State of Nagaland, appearing for the State. Mr. H.K. Das, learned Standing Counsel, Gauhati High Court has appeared on behalf of the Registry of this Court.
The core issue in this batch of writ petitions relates to the question of validity of the select list for appointment of candidates in the Grade-III service of Nagaland Judicial Service, published in terms of advertisement dated 01/08/2018. The respondent no. 4 is one of the selected candidates and he has appeared and contested the matter. However, it appears that the other selected candidate who is also a party to the writ proceedings, has chosen not to appear.
As per Rule 10(V) of the Nagaland Judicial Service Rules, 2006, a select list prepared under Clause -III & IV of Rule 10(2) would cease to operate on the expiry of one year from the date of such publication. The select list in this case was evidently published on 14/03/2019 and in the notification itself, it was mentioned that the select list would remain valid till the next select list is published or for a period of one year from the date of declaration of result, whichever is earlier. Therefore, in terms of Rule 10.2 (V) read with the conditions specified in the notification dated 14/03/2019, it is clear that the select list had expired on 13/03/2020 by efflux of time. There is also no judicial order passed by this Court extending the validity of the select. As such, a question arises that regardless of the merit of the issue projected in the writ petition, whether, any of the selected candidate can be appointed at this point of time by operating the select list dated 14/03/2019. The said issue had attracted the attention of this Court and, therefore, by order dated 18/05/2022, the learned counsel for all the parties were asked to seek instruction and make submission.
Today, when the writ petitions were taken up for consideration, Ms. T. Khri, learned AAG, Nagaland, submits that in terms of the prescription of the Rules, the select list has already expired and, therefore, none of the selected candidates can be appointed at this stage.
Page No.# 6/6 The stand of the learned Standing Counsel, Gauhati High Court is also in the similar line. That is also the stand of the learned counsel for the writ petitioner.
Therefore, it is apparent that there is a consensus at the Bar that the select list has already expired. If that be so, these writ petitions have become infructuous and are liable to be closed on such count alone. However, since the learned counsel for the respondent no. 4 could not appear today due to medical reasons, we are left with no option but to post these matters again on 27/06/2022 as fixed items for further consideration of the matter.
It is made clear that these matters would be taken up for final hearing in the physical Court on the next date fixed. Parties to come prepared accordingly Registry to list these cases on 27/06/2022.
JUDGE JUDGE sukhamay Comparing Assistant