Gauhati High Court - Kohima
Smti. Hotoshi H Aye vs The State Of Nagaland And 2 Ors on 14 November, 2025
Page No.# 1/3
GAHC020007692025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL
PRADESH)
KOHIMA BENCH
Case No. : WP(C)/233/2025
SMTI. HOTOSHI H AYE,
D/O SHRI HOTOP AYE,
PRESENTLY RESIDING AT H.NO. 333,
BLOCK-5, NEAR LIVINGSTONE SCHOOL,
THAHEKHU VILLAGE,
DIMAPUR, NAGALAND
VERSUS
THE STATE OF NAGALAND AND 2 ORS
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF NAGALAND,
NAGALAND, KOHIMA 2:THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF NAGALAND
NAGALAND STATE TRANSPORT
NAGALAND
KOHIMA
3:THE GENERAL MANAGER
NAGALAND STATE TRANSPOSRT
NAGALAND
DIMAPU
Advocate for the Petitioner : JOSHUA SHEQI, VIVANA,A. HUKAVI
SUMI,SULINO SWU,ZHASEVILIE SIRIA,RUBICA KIHO,TUNATO YEPTHO,R
WONCHIBENI TSANGLO,KIVITOLI SWU,YEKA SUMI,KETHO SEKHOSE,KEVI
KIRE,K LILY SWU,KEDI KOSO,A ACHUMI,P MHONBENI EZUNG,ATOKA,MIKA H
AYE,CHINGMEI KONYAK,NAGALI SHOHE
Advocate for the Respondent : GOVT ADV NL,
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BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
14.11.2025 This case has been taken up as un unlisted motion on a mention being made by Ms. Mika H Aye, learned counsel for the petitioner. The case of the petitioner is that she responded to the advertisement Notice dated 26.08.2025 as well as re-advertisement dated 12.09.2025 (Annexures-8 and 9) for the post of Mechanic Helper/MTS by submitting all the required documents. It may be mentioned herein that as many as 09(nine) posts of Mechanic Helper/MTS was advertised. However, to the surprise of the petitioner, her application was rejected and the same was notified vide Notification dated 10.11.2025. The reason shown for her rejection was that she failed to submit Backward Tribe Certificate, Birth Certificate and Employment Certificate. The learned counsel for the petitioner submits that the petitioner in fact does not require to submit Backward Tribe Certificate since she is a resident of Zunheboto. Only the resident of Kiphire are required to submit such certificate. As for the Birth Certificate and the Employment Certificate, the petitioner had indeed submitted the same along with her application and therefore, her application should not have been rejected on the reasons given in the Notification.
Page No.# 3/3 Aggrieved, the petitioner personally approached the General Manager, Nagaland State Transport, but she was informed that the post of Mechanic Helper was only meant for male candidates and not for female candidates. Having no other option, the petitioner is before this Court.
Considering the above projection, Ms. Livika V Sumi, learned State Counsel shall obtain instructions as to whether the petitioner had indeed submitted the Birth Certificate and Employment Certificate while submitting her application and also as to whether the post in question cannot be applied by female candidates. Further, if that be so, the reason as to why the same was not indicated in the advertisement itself.
List the matter again on 17.11.2025.
Sd/-
JUDGE Comparing Assistant