Morung Express News
Kohima | September 6
Despite staying the State’s move to regularise COVID-19 appointees, the Gauhati High Court, Kohima Bench, has provided the Nagaland Health Department a way forward for a special recruitment drive (SRD) with concessions for pandemic service.
Detailed order passed by the Division Bench comprising Justice Devashis Barua and Justice Pranjal Das on September 3 indicated that the arrangement was not opposed by the appellants, as it aligns with the State’s existing policy framework.
As reported earlier, the Division Bench, in an interim order, stayed the Cabinet decision of August 6, 2024, and the subsequent notification of August 18, 2025, which sought to regularise COVID-19 appointees. The Court further made it clear that no steps towards regularisation should be taken on the basis of these decisions.
In doing so, it also stayed the operation of a single-judge ruling passed on August 1, which had declined to interfere with the regularisation process, citing, among other grounds, the issue of locus standi of the petitioners.
Meanwhile, while hearing the writ appeal against the ruling filed by member of the Nagaland Medical Students’ Association (NMSA) on September 3, the Division Bench observed that the appointments made during the pandemic were temporary and ad hoc, necessitated by an unprecedented health emergency, and could not be converted into permanent posts.
Doing so, it held, would amount to a violation of Articles 14 and 16 of the Constitution, as it would deprive other qualified aspirants of a fair chance and undermine the principles of equality and equal opportunity in public employment.
At the same time, the Court granted liberty to the State respondents to carry out the SRD to fill vacant posts based under certain conditions.
All eligible candidates would be allowed to participate, while weightage would be given to healthcare workers who rendered service for 100 days or more during the pandemic.
This arrangement, the Court noted, was not opposed by the appellants and aligns with the policy of the State of Nagaland enshrined in the Cabinet Memorandum dated May 13, 2022 and a Notification November 2, 2022.
The May 13 memohad proposed a one-time relaxation of recruitment rules for healthcare workers engaged during COVID-19. Among others, these included allocation of 125 marks as weightage for COVID-19 duty and relaxation of the upper age limit up to 45 years for entry into service. A Notification dated November 2, 2022 further clarified that these relaxations.
Noting that the matter required urgent disposal, the Bench fixed the appeal for final hearing on September 24.
However, by staying direct regularisation but certain leeway, the Court seems to be balancing the recognition of COVID-19 service with adherence to constitutional guarantees of merit and equality. The order, while interim, may also signal the Court’s final inclination on the issue.
