Kohima: In a significant ruling, the Gauhati High Court, Kohima Bench, set aside and quashed the appointments of 935 Nagaland Police constables made between January 2018 and October 2019, citing procedural lapses.
According to police sources, these constables were recalled to their respective headquarters just weeks ahead of the court verdict. The recall order was issued quietly, sparking speculation that the Nagaland police may have anticipated an adverse court ruling.
Justice Devashis Baruah, while delivering the verdict on Friday, directed the Government of Nagaland (GoN) to hold a fresh recruitment process by advertising the specified posts in the local newspapers, ensuring compliance with legal norms.
The court emphasised that the recruitment process must be completed at the earliest, preferably within six months.
The ruling comes in response to a Writ Petition challenging the ‘backdoor appointments’ made by the state government without any public advertisement. The petition, filed by unemployed youths from Kohima and Chümoukedima districts in 2022, argued that the appointments were arbitrary, violating Articles 14 and 21 of the Indian Constitution.
Representing the petitioners, Z Zhimomi contended that the selection process lacked transparency, as no criteria were publicly announced, and the appointments were seemingly made through a “pick-and-choose” method.
The judgment follows a tumultuous period in 2020, marked by protests and interventions by the Naga Tribal Union Chümoukedima Town (NTUCT), which first brought to light the discrepancies in the recruitment process.
Alleging backdoor appointments, NTUCT had disrupted the training of recruits at the Police Training School (PTS) and the Nagaland Armed Police Training Centre (NAPTC) in Chümoukedima, demanding clarity from the state government.
The NTUCT had insisted that only 208 of the 1,200 selected candidates were recruited through an open process, while the rest lacked transparency. The union demanded that the state provide documentary evidence and public advertisements for the recruitment of the remaining candidates and had halted the training until the matter was resolved.
The revelations of backdoor appointments then spurred widespread outcry, with various tribal bodies, including the Chakhroma Youth Organisation (CYO) and Chakhroma Students’ Union (CSU), condemning the recruitment process as unjust. The organisations criticised the home department for “scarring the hope and aspirations of many unemployed Naga youths,” warning of severe consequences if such malpractices continued unchecked.
The matter was also raised in the Nagaland Legislative Assembly that year, where opposition leaders pressed the government for answers. Deputy Chief Minister Y Patton, who also held the Home portfolio, had then clarified that the recruitment of police personnel, except for newly created Indian Reserve Battalion (IRB) posts, does not require public advertisement, as per a Personnel & Administrative Reforms (P&AR) notification.
He also explained that the recruitment process was designated to the Director General of Police (DGP) Nagaland, superintendents of police, and commanding officers, with no requirement for ministerial oversight.
Earlier this year, the Nagaland Cabinet had approved the recruitment of constables across seven key government departments, ending a recruitment deadlock for several years. While it was informed that the recruitment would be made after the conduct of the Lok Sabha elections, no advertisements have been issued so far.
Fate of 935 Constables?
The court granted relaxation in the upper age limit for both the private respondents (those whose appointments were quashed) and the petitioners to undergo fresh recruitment but upheld strict adherence to the basic qualifications and physical examination criteria.
The court permitted the state government to allow the private respondents to continue in service for a period of six months from the date of judgement or until fresh appointments to the said posts are made, whichever is earlier.
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