High Court junks appointment of 163 constables in Nagaland Police

DIMAPUR — The Kohima Bench of Gauhati High Court has set aside and quashed the appointment of 163 constables in Nagaland Police, made during the months between January 2018 and September 2020 without any advertisement.

In a judgment delivered on Sep. 26, Justice Manish Choudhury ordered the state authorities to take steps for holding fresh selection for the resultant vacancies by issuing advertisements in widely-circulated newspapers of Nagaland.

“The said selection be held in accordance with law. It is further observed that the process of recruitment shall be conducted following the principles enshrined in Article 14 and Article 16 of the Constitution of India. The process of selection shall be completed at the earliest and preferably within 6 [six] months from the date of the present order,” the order read.

The Judge ruled that the 163 constables whose appointments have been cancelled would also be eligible to participate in the fresh selection process. The upper age limit of those suspended constables as well as the petitioners—11 of them—should be given relaxation, he ruled.

“However, there shall be no relaxation in the matter of basic qualifications as well as the departmental physical criteria,” the order stated. The court further allowed the 163 constables to continue in service for six months or till such time fresh appointments are made as directed, whichever is earlier.

While they continue to be in service, the 163 constables should maintain the discipline required of Nagaland Police personnel and “in case of any act of indiscipline on their part, the State respondent authorities would be at liberty to deal with such act of indiscipline in accordance with law,” Justice Choudhury ruled.

On Sep. 20, the Gauhati High Court (Principal Seat) had quashed the appointment of 935 constables in Nagaland Police who were appointed during the period from January 2018 to October 2019 without any advertisement.

In his judgment, Justice Choudhury stated that there was distinguishable feature between the facts and circumstances of the instant petition and those of the Sep. 20 ruling; therefore, he concluded that the observations and directions made in the common judgment and order passed by the Principal Seat on Sep. 20 were also applicable in the case in hand.

With the latest ruling, the total number of illegally-appointed constable posts in Nagaland Police cancelled within the last week has come to 1,098—more than the usual strength of a battalion.

Also read: HC cancels 935 illegal appointments in Nagaland Police