Reacting to additional advocate general of Nagaland’s claim before the packed Gauhati High Court, Kohima bench on July 26, that 706 Nagaland Public Service Commission (NPSC) posts mentioned in the writ petition were all non-sanctioned posts, Public Service Aspirants of Nagaland (PSAN) and Against Corruption and Unabated Taxation (ACAUT) have responded by asking the state government to immediately issue a clarification so as not to complicate the issue further.
ACAUT, PSAN ask govt to clarify on 706 posts under ‘illegal’ appts
In a joint statement, PSAN and ACAUT asked, that if the 706 posts were all non-sanctioned, why 11 doctors and 46 Post Graduate Teachers (PGTs), who were respondents in the case, were considered for regularisation in the Cabinet meeting of November 11, 2017 ?.
Both who filed the PIL, pointed out that even after the high court had stayed the office memos of August 4, 2011 and August 11, 2016 for regularisation after three years of service, the cabinet on November 11, 2017 was about to regularise 304 posts without first requisitioning the vacancies to NPSC.
According to PSAN and ACAUT, the posts that were to be regularised included 99 posts of BDOs, RDOs and RDAs in rural development department ; 181(134 for extension and 47 for regularisation) in higher education department; six in department of underdeveloped areas; 11 posts of medical officers in health & family welfare department; four planning assistant posts in planning & coordination department and three foremen posts in printing & stationery department.
Both ACAUT & PSAN claimed that the regularisation of the 304 posts was kept in abeyance due to their intervention.
Responding to the additional advocate general who had questioned the locus standi of PSAN members in the court, on the ground that they did not possess the required qualifications (post graduation and NET) to challenge the appointment of assistant professors; PSAN and ACAUT pointed out that even among the respondents, a good number of them were appointed despite not possessing the requisite qualifications (even without clearing NET).
They alleged that the State government was randomly appointing candidates who did not have the requisite qualifications in all State-run colleges on contractual basis.
Further stating that a cabinet meeting held on July 4 this year sanctioned the creation of 110 posts of assistant professors (68 in 2018-2019 and 42 for 2019-2020), ACAUT and PSAN demanded that the department concerned should requisition the posts through NPSC and recruitment be made through open competition only.
The two have also referred to the Supreme Court judgement in the Uma Devi case which had clearly stated that even if the government wanted to appoint on contractual, ad hoc, temporary or casual basis in administrative exigencies (even for a few months), the appointment will become illegal when it is made without open advertisement.
In the light of the stated facts, both have reiterated that the law of the land should not be violated by any authority whatsoever and all the 706 illegal appointments made should be terminated and requisitioned to NPSC for free, fair and open competition among the qualified Nagas.
PSAN and ACAUT further clarified that they were fighting for the future of Nagas, which included their sons and daughters.