DR. THUNGBENI P. NGULLIE AND 14 ORS v. THE STATE OF NAGALAND AND 3 ORS
Court: Gauhati High Court
Bench: HON'BLE MR. JUSTICE KAKHETO SEMA
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-05-14. DR. THUNGBENI P. NGULLIE AND 14 ORS v. THE STATE OF NAGALAND AND 3 ORS. Read the judgment and case details on...
Judgment text
Page No. # 1/5 GAHC020000932023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/36/2023 DR. THUNGBENI P. NGULLIE AND 14 ORS H. NO. 109, DUNCAN BASTI, DIMAPUR NAGALAND 2: DR. ALONA SHIKHU H. NO. 5 DUNCAN BASTI DIMAPUR NAGALAND 3: DR. KETOULELHOU VIZO VIZO DENTAL CLINIC RV BUILDING HIGH SCHOOL JUNCTION KOHIMA NAGALAND 4: DR. KEVIDENO KEHIE OIKING HOSPITAL FIRST FLOOR KOHIMA NAGALAND 5: DR. MYINGTHUNGO NGULLIE SUNGRO STATION WOKHA NAGALAND 6: DR. THEJAKUO DANIEL PIENYU P. KHEL KOHIMA VILLAGE KOHIMA NAGALAND 7: DR. NEIKHOZO BELHO T KHEL KOHIMA VILLAGE NAGALAND 8: DR. KEKHRIESEVOR B MEYASE H. NO. 001 BLOCK B DAROGAPATHAR VILLAGE DIMAPUR NAGALAND Page No. # 2/5 9: DR. AVEI PURO DBS COLONY KOHIM NAGALAND 10: DR. VINEIKUO SOLO UPPER AG KOHIMA NAGALAND 11: DR. LILOKA ASSUMI H. NO. 188 BLOCK-5 THAHEKHU VILLAGE DIMAPUR NAGALAND 12: DR. AOCHELL LONGCHAR H. NO. 182 NEAR IMOKONMEREN SPORTS COMPLEX MOKOKCHUNG NAGALAND 13: DR.
ANOVILI CHISHI OLD MINISTERS HILL KOHIMA NAGALAND 14: DR. ANISHE I. KIBA LHOMITHI VILLAGE DIMAPUR NAGALAND 15: DR. IMYANGLUBA ADVANCED DENTAL AESTHETIC IMPLANT CLINI VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY DEPT. OF HEALTH AND FAMILY WELFARE GOVERNMENT OF NAGALAND KOHIMA. NAGALAND 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF HEALTH AND FAMILY WELFARE DEPARTMENT KOHIMA Page No. # 3/5 NAGALAND 4:THE NAGALAND PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY KOHIMA NAGALAN Advocate for the Petitioner : IMTI LONGJEM Advocate for the Respondent : GOVT ADV NL Date of hearing and judgment : 14. 05. 2024 BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA JUDGMENT & ORDER (ORAL) Heard Mr. Imti Longjem, learned counsel for the petitioner, Mr. Moa Imchen, learned Senior Government Advocate for the respondent No. 1 and Mr. N. Mozhui, learned counsel for respondent Nos. 2 & 3. 2.
The present writ petition has been filed inter alia seeking for the following reliefs:- “A. Quash and set aside the Notification No. HFW(A) COVID- 19/APPT-13/17/2020/543 dated 02. 11. 2022 insofar as it concerns the posts of Junior Dental Surgeon. B. Direct the State respondents to fill up the 5 posts of Junior Dental Surgeon through the Nagaland Public Service Commission strictly in accordance with the Nagaland Health Service Rules, 2006. ” 3. The learned counsel for the petitioner has submitted that by the Notification dated 02. 11. 2022, the Government of Nagaland, Health & Family Welfare Department has notified that the 5 (five) posts of Junior Page No. # 4/5 Dental Surgeon shall be recruited through the NPSC by a Special Recruitment Drive.
It is, however, submitted that the Notification issued by the Department to recruit the 5 (five) posts of Junior Dental Surgeon through NPSC by a Special Recruitment Drive is in violation of the rules framed by the Government under the Nagaland Health Service Rules, 2006. 3. Mr. N. Mozhui, learned counsel for respondent Nos. 2 & 3, referring to the affidavit-in-opposition filed on behalf of the respondent Nos. 2 & 3, submits that to strengthen acute shortage of medical personnels to tackle the COVID-19 pandemic the Cabinet, in its meeting held on 23. 06. 2020, created various posts in the Health & Family Welfare Department including the 3 (three) posts of Junior Dental Surgeons in CHCs. The minutes of the Cabinet meeting held on 23. 06. 2020 was brought out in the Memorandum dated 25. 06. 2020, issued by the Government of Nagaland, Cabinet Secretariat (Cabinet Cell). Thereafter, the Department issued the Notification dated 02. 07.
2020 on the creation of the various categories of posts under the Health & Family Welfare Department including the 3 (three) posts of Junior Dental Surgeons as brought out in the Memorandum dated 25. 06. 2020. 4. Today in the course of hearing of the case, Mr. N. Mozhui, learned counsel for the respondent Nos. 2 & 3, on instruction, submits that the Department will be making necessary corrections in the impugned Notification dated 02. 11. 2022, in so far as serial No. 4 relating to the 5 (five) posts of the Junior Dental Surgeon is concerned by notifying that only the 3 (three) posts which was created by the Cabinet in its meeting held on 23. 06. 2020, shall be notified for recruitment through NPSC by the Page No. # 5/5 Special Recruitment Drive and the remaining 2 (two) posts of the Junior Dental Surgeon shall be recruited strictly in terms of Nagaland Health Service Rule, 2006. Mr. Imti Longjem, learned counsel for the petitioner is not averse to the submission made by Mr. N.
Mozhui, learned counsel for respondent Nos. 2 & 3. 5. In view of the submissions made by the learned counsel for the parties, the present writ petition is disposed of with the direction to the State respondents, more particularly the respondent Nos. 2 & 3, to make necessary corrections in the Notification dated 02. 11. 2022 in respect of serial No. 4 and to notify only the 3 (three) posts of the Junior Dental Surgeons which was created by the Cabinet in its meeting held on 23. 06. 2020 be recruited through the NPSC by the Special Recruitment Drive. The remaining 2 (two) posts shall be filled up strictly in terms of the Nagaland Health Service Rules, 2006. 6. The writ petition stands disposed. Sd/- JUDGE Comparing Assistant
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