• In case of non-compliance, would be compelled to issue necessary order, says HC
• Asks State Govt to file affidavit along with chart showing Group C posts in different departments under purview of NSSB
Morung Express News
Dimapur | February 5
The Kohima Bench of Guwahati High Court has directed the Additional Advocate General (AG) of Government of Nagaland to come up with specific instructions as to when the Nagaland Staff Selection Board (NSSB) “would be constituted.” The Bench asked the Additional AG to come with the instructions during the next hearing scheduled on February 16.
“In case there is no specific instruction, this Court would be compelled to issue necessary order or direction for constituting the Board within a specified period of time,” stated the order issued by the Bench comprising of Justice Songkhupchung Serto and Justice Kakheto Sema on February 2.
“Since the Board has not been constituted so far, the regulation which came into existence in response the aspiration and popular demand of the people of the State, has not served its purpose,” the Bench observed.
The Bench was hearing a Public Interest Litigation (PIL) filed by Joel Naga and Khikhro Kreo through their counsel Neiteo Koza seeking direction to the State Government, represented by Chief Secretary and the Principal Secretary Department of Personnel and Administrative Reforms, to make NSSB which was “constituted for recruitment of Group-C post in the State of Nagaland functional within a month so that recruitment to all Group-C post in the Government of Nagaland can be conducted by it in a transparent manner.” The PIL was filed in August 31, 2021.
In its February 2 order, the Bench observed that the NSSB Regulations, 2020 was first notified on July 2020, with a rider that the “same would come into force with effect from the date of publication in the Nagaland Gazette.”
The Regulation came into existence in response to the popular demand of the people of the State, it noted.
Section 4 (1) of the Regulation provided that “there shall be a Board constituting of a Chairman and two Members.
Regulation 5 stated that the chairman and members of the Board shall be recommended by a Search-cum-Selection Committee constituting of a Chairman to be manned by the Chief Secretary of the State and a Member Secretary to be manned by the Secretary, P&AR and two members one of which should be from amongst the Directors of the serving HODs, and, the other from amongst the eminent members of the public which are to be co-opted by the members,” the order read.
Accordingly, the Bench noted that the regulation came into existence in response to the aspiration and popular demand of the people of the State, but since it is yet to be constituted; it has not served its purpose.
The Bench further observed that many young people of the State are eagerly waiting for the day when NSSB would start functioning and conduct exams so that they would have a “fair chance of trying and making into Government services which are under the ambit of the Board.”
Taking all the above in consideration, the Court expressed its view that the State Government “should no longer delay with the formation of the Board as provided under the provisions of the Regulation mentioned above.”
The Bench also acknowledged some of the difficulties faced by the State in making the Board functional, but opined that unless the Board is constituted, the work cannot be initiated for its proper functioning.
The constitution of the Board would “translate into reality the dreams and aspirations of the people of Nagaland, specially, the young people who are still unemployed.”
Accordingly, the Bench directed the State’s Additional Advocate General to come with instruction on the next date as to when the Board would be constituted, while adding that it would be compelled to issue necessary order or direction for constituting the Board within a specified period of time n case there is no specific instruction.
The Bench also directed the Additional Advocate General to file affidavit along with a chart showing names of the posts in different departments which falls under Group C and which are under the purview of the NSSB.
While the State Government officially notified the NSSB regulations on August 20, 2021, it is yet to constitute the Board, even as the demand by a students’ federation for 45% reservation of jobs under NSSB is yet to be resolve.
