‘Backdoor’ appointment of Nagaland constables quashed

GUWAHATI

The Kohima Bench of the Gauhati High Court has quashed the appointment of 935 Nagaland police constables recruited without advertisement from January 2018 to October 2019.

Setting aside their recruitment, Justice Devashis Baruah issued an order on Friday asking the Nagaland government to initiate a fresh recruitment process and ensure transparency and adherence to legal protocols.

A group of indigenous unemployed youths “possessing requisite qualifications and eligibility” filed several petitions in 2022 challenging the recruitment of these constables after learning through a Right to Information (RTI) application that 205 out of 1,140 constables were appointed through open recruitment.

The court clubbed the petitions that were similar in tenor.

The petitioners argued that the remaining 935 constables were appointed “through the backdoor” and did not allow fair competition, thereby denying opportunities to the petitioners and thousands of unemployed Naga youths in general.

In its affidavit-in-opposition, the State government claimed that the appointments were made according to a rule in the Nagaland Police Manual and that the petitions were not maintainable.

Justice Baruah’s order said the new recruitment process should be completed within six months after advertisements in prominent local newspapers to reach a wider audience. The court permitted the petitioners and the 935 constables who are set to lose their jobs to participate in the new selection process with an upper age limit relaxation.

“However, there shall be no relaxation in the matter of basic qualifications as well as the departmental physical criteria,” the order read.

To mitigate the impact of the ruling, the court allowed the constables to continue their service for six months from the date of judgment or until new appointments are finalised, whichever comes first.