HC dismisses writ petition seeking termination of backdoor appointees

DIMAPUR, AUG 3 (NPN): | Publish Date: 8/3/2018 11:54:33 PM IST

 In a major development, Kohima Bench of Gauhati High Court has dismissed the writ petition filed by ACAUT and Nitoka V Swu seeking termination of 655 appointments and requisitioning of 706 posts to Nagaland Public Service Commission (NPSC).

Justice Michael Zothankhuma ruled that the petitioners would have to show that they were aggrieved by the appointments and provide material particulars to challenge the appointments. Pointing out that the petitioners had made a sweeping challenge to appointments made in various grades across 25 departments and sought to brush them aside at one go, the judge said it was very difficult to sift through the facts of the in the absence of complete material facts. The petitioners would have to file separate petitions challenging various appointments by providing particulars, he added. The judge said the writ could not be decided “piece meal” as persons whose lives might be affected by the petition would also have to be impleaded. 
The judge also barred the State government from regularising any person who had completed only three years of continuous service and appointed on ad hoc/contract basis. Clarifying that their petition had not been dismissed on merit but only on the issue of maintainability, Justice Zothankhuma, however, gave the petitioners the liberty of making a “fresh challenge to the appointments of the impleaded respondents and other persons as per law.” 
It may be mentioned that senior additional advocate general of Nagaland K Sema had argued in the court during hearing few days back that as ACAUT was not a registered body, it was a “non-juristic person” having no locus standi in law to challenge the appointments made by the government. He also pointed out that Swu was not an aggrieved person as per law as he had failed to disclose as to whether he possessed the requisite eligibility criteria to be appointed against any of the post(s) to which appointments had been made. 
Among other aspects, Sema had claimed the petition was also defective for “non-joinder of necessary parties” as those persons whose services were sought to be terminated had not been impleaded in the case.

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