Mokokchung, September 28 (MTNews): The ACAUT Nagaland through a press release has reiterated and supported the Nagaland NET Qualified Forum (NNQF) the petitioner in WP. No.12 (K)/2019 and WP. No.62 (K)/2019 and their representation submitted to the Minister of Higher Education Imna Along.
The ACAUT claimed that since any appointment to public post under the Government of Nagaland must be based on public advertisement, so that equal opportunities are open to all qualified aspirants, the ACAUT filed PIL No.11(K)/2015 against the “menace of backdoor appointments.”
According to them, the respondent, that is the Government, under an oath placed before the Hon’ble Court, issued the ‘Office Memorandum (OM) dated 6th June 2016’ which banned appointment on contract basis. On the basis of this OM, the PIL was disposed, ACAUT stated.
Further, in 2017, the ACAUT once again filed WP (C) 145(K)/27 challenging both the OMs dated 4.8.2008 and 11.8. 2016 which were stayed by the interim order dated 28.7.2017 that prevented ‘regularization of contract or ad-hoc after 3 years of service’.
According to ACAUT, the Court declared OM dated 4.8.2008 and 11.8. 2016 as “unconstitutional” through the Judgment & Order dated 3.8.2018 and told the Government of Nagaland not to regularize any service as per the OMs, while giving “relaxation that the State respondents may take recourse under the cover of para 53 of Umadevi (3) case”.
However, according to ACAUT, the State respondents filed W.A No 16(K)/2018 challenging the Judgment and Order but the Division Bench upheld the ‘Judgment and Order of the single judge’ by dated 7.2.2019 Order and the appeal of the State Government was dismissed.
In this connection, according to ACAUT, the NNQF filed WP. No.12 (K)/2019 and WP. No.62 (K)/2019; however, the organization claimed that, “without taking into cognizance the merit of the case, the Court dismissed the writ petition on the grounds of maintainability and locus standi, while giving liberty to the petitioners at para 42” in order “to make challenge the illegal or irregular action/actions by filing appropriate petition, as would be required under law.” This order was issued on 6.6.22, ACAUT stated.
The organization, therefore, believes that the question raised by MLA Azo to Higher Education Minister Imna Along during the recently concluded Nagaland Legislative Assembly session was ‘totally uncalled for’ since it was asked “knowing full well that more than 200 assistant professors who were made respondents in the writ petitions were appointed through backdoor, where more than 100 were without qualifications.”
ACAUT also said that the “dubious claim” made by the Minister and the respondent assistant professors that “they have won the case by misinterpreting the Order” from the temple of justice is inviting contempt of Court.
“This staged gimmick is obvious since election is knocking at the door and appeasement for electoral gains cannot be ruled out,” the organization stated.
ACAUT stated that it has learnt that the NNQF aspirants are taking appropriate steps to challenge the illegal/irregular appointments by filing appropriate petition as per the liberty granted.
ACAUT in conclusion also cautioned that any action on the part of the Department of Higher Education to regularize the services of those who were initially appointed without advertisement through NPSC will amount to defiance of SC landmark judgment in Umadevi’s case and ACAUT writ petition.