Gauhati High Court
High Court Bar Association vs The Gauhati High Court on 18 May, 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 : 18-05-2022 Suman Shyam, J Heard Mr. C.T. Jamir, learned Sr. counsel appearing for the writ petitioners in these three writ petitions. We have also heard Mr. H.K. Das, learned standing counsel, GHC and Ms. T. Khro, learned Govt. Advocate, Nagaland.
The subject matter of challenge in this batch of writ petitions is the select list prepared pursuant to the Advertisement Notice dated 01-08-2018 for recruitment of candidates in the Gr-III Service of Nagaland Judicial Service, 2018. The primary argument of the petitioners' counsel is to the effect that the fixation of cutoff marks for selection of candidates is dehors the rules and the same has had the effect of eliminating the local inhabitants of Nagaland from the zone of consideration.
The private respondent No. 4, who is a selected candidate, has contested the writ petition by filing affidavit but the learned counsel for the respondent No. 4 is not present before the Court today. On a pointed query made by this Court as to whether the select list drawn up in the year 2018 is still valid and therefore, can be implemented even at this stage, the learned standing counsel, GHC as well as the learned Govt. Advocate, Nagaland have prayed for some time to obtain instruction.
Page No.# 6/6 We are informed that the counsel for the respondent No. 4 is an outstation lawyer and therefore, it is possible that he is not aware of the listing of this matter before this Court today. Bearing in mind the consequences that may ensue to the respondent No. 4, if an order is passed in favour of the writ petitioners, we are of the view that the respondent No. 4 must be heard in the matter before any final order is passed.
As such and on the request of learned counsel for all the parties we direct the Registry to list these matters again on 13-06-2022 as fixed items.
On or before the next date fixed, the respective counsel to examine the legal issue, as noticed above, and bring their stand on record.
Registry to also intimate the listing of these matters in advance so that the learned counsel for the respondent No. 4 may appear on the next date fixed.
JUDGE JUDGE GS Comparing Assistant