Board now in existence, no appointment in all posts and services mentioned in Govt’s affidavit, says HC
Morung Express News
Kohima | February 17
The Kohima Bench of Guwahati High Court (GHC) has directed the Nagaland State Government to provide the required infrastructure and the ministerial staff for the Nagaland Staff Selection Board (NSSB) at the earliest.
“Keeping in view the popular demand of the people we direct that the State Government should provide the required infrastructure and the Ministerial Staff at the earliest so that the Board can start functioning effectively,” stated Justice Songkhupchung Serto and Justice Devashis Baruah in an order on February 16.
“We make it clear that since the Board has come into existence no appointment should be made in all the posts and services mentioned in the affidavit except through the Board provided in the Regulation,” it further stated.
The Bench was hearing a public interest litigation (PIL) filed by Joel Naga and Khikhro Kreo who approached the Court seeking for “direction directing the respondents” - the State of Nagaland represented by the Chief Secretary and the Principal Secretary, Department of Personnel And Administrative Reforms – to make the NSSB “functional within a month so that recruitment to all Group-C posts can be conducted by it in a transparent and fair manner.”
Earlier, hearing the matter on February 2, the GHC Kohima Bench has directed the Additional Advocate General (AAG) of Nagaland “to come with instruction on the next date as to when the Board would be constituted.”
“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,” the Bench comprising of Justice Serto and Justice Kakheto Sema then stated, listing the matter again for February 16.
The AAG was further directed 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 Board.
As directed, on February 16, the AAG placed before the GHC Bench two orders issued by the State Chief Secretary dated February 14 appointing Sedevikho Khro as Chaiman of NSSB and Er Ghukhui Zhimomi as member of the Board.
The terms and conditions as per the orders stated that they are appointed for a term of three years or till the age of 65 years with effect from the date of assuming charge.
Khro was the former Commissioner of Excise & Prohibition while Zhimomi, a retired government officer unsuccessfully contested the 2018 Nagaland Legislative Assembly from the Satakha 36 AC under an NDPP ticket.
Besides, an affidavit was also filed as directed on February 2 giving the names of all the posts that comes under the category of Group-C and within the ambit of the NSSB.
As per the affidavit, a total of posts or designations in 66 State Government Departments or agencies were listed on the affidavit, showing total vacancies of around 483.
Accordingly, the Bench observed that with the appointment of the chairman and one member, the required quorum for functioning of the Board as stipulated in the NSSB Regulation, 2020 has been achieved. It further directed the government to provide the required infrastructure and ministerial staff.
The Bench also listed the matter for hearing again after four weeks to enable the counsel for the petitioners to go through the list of posts and services mentioned in the affidavit submitted by the AAG and respond accordingly.
In the meantime, the Senior AAG of Government of Nagaland was also told to seek instruction as to when the third Board member would be appointed and the Staff of the Board and the infrastructure would be provided.
