Imlisanen Jamir
One of the most noteworthy petitions that sought to fight against the practice of backdoor appointments in the Nagaland State government was disposed of last week.
While the disposal of the case on the grounds of it not being “maintainable” did not discredit the merit of the case, the ruling appeared to be at least superficially a win for the government. It also displayed how difficult it has become to fight against a norm that has been deeply engrained in the state government system now.
The Kohima Bench of the Gauhati High Court disposed the PIL filed by the Public Service Aspirants of Nagaland (PSAN) and the Against Corruption and Unabated Taxation (ACAUT) Nagaland against 706 alleged “backdoor appointments” in 35 state departments.
The judgment was however careful to note that the petitioners are at liberty to file fresh separate petitions challenging the various appointments by giving specific particulars, as their grievance relates to different appointments in various department of the Government of Nagaland.
One of the core observations made with the disposal was the court’s difficulty to “sift through the facts of this case in the absence of complete material facts, in respect to the challenge made to 706 allegedly irregular/illegal appointments.”
Following the ruling, the petitioners have remained firm that the judgment provides binding observations that regulate appointment practices particularly involving ad-hoc and contractual employees. The PSAN had earlier asserted that regardless of the outcome, the fight against backdoor appointments in the state would go on.
Along with this, there is the long standing demand for the setting up of a Staff Selection Commission (SSC) in Nagaland, as a means to monitor posts that do not come under the purview of the Nagaland Public Service Commission (NPSC). The PSAN demands that bringing all Class III posts under the SSC will save the government’s time as well as the money of the applicants.
The present judgment, while not allowing the state government to go scot free, has however shown the after effects of a state sponsored culture on government appointments which has existed for decades. This practice is so deeply engrained, with its tentacles penetrating nearly every nook of the state structure, that even beginning to address it in the court of law is an uphill task.
Under these circumstances, despite civil society in Nagaland having the tendency to be ridiculously impulsive and reactive, the onus is now on them to remain driven enough in sifting through the layers of bureaucratic red tape and intentional obfuscations and presenting a strong enough case for the court as follow ups. This is the only way to ensure that the practice of making public employment a bounty for cheap political gains is broken.
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