Delayed but not denied

The slow wheels of justice have turned and this time with a significant ruling from the Gauhati High Court, which quashed the appointments of 935 police constables in Nagaland. These appointments, made between January 2018 and October 2019, were found to be illegal as they were conducted without the required public advertisement, a clear violation of established recruitment norms. In a detailed order, Justice Devashis Baruah, presiding over the Kohima Bench, directed the state government to issue fresh advertisements for the posts and complete the selection process within six months. The controversy surrounding these appointments first came to light in February 2020, when the Naga Tribal Union Chümoukedima Town (NTUCT) publicly raised concerns about the recruitment. The Union alleged that the process violated both the Constitution and state regulations, leading to widespread discontent. The NTUCT even threatened to prevent the training of new recruits at the Chümoukedima training center. Despite their warnings, the appointments proceeded, leaving hundreds of qualified candidates without a chance to compete for the positions. A petition was subsequently filed in 2022 by 26 individuals against the state government, the police department, and the appointees. The petitioners argued that out of 1,140 available constable positions, only 206 were filled through an open recruitment process in 2019. The remaining 935 appointments were made without public notification, violating an Office Memorandum from July 1976, which mandates that no direct recruitment be made without inviting applications through proper channels. In their plea, the petitioners cited Articles 14 and 16 of the Indian Constitution, which guarantee equality of opportunity in public employment. They contended that the “backdoor” appointments denied eligible Naga youth the opportunity to apply for the constable posts, and that the entire recruitment process was fundamentally flawed. The High Court agreed, ruling that all 935 appointments were illegal and ordering the state to initiate a new, transparent recruitment process. The judgment also allows the currently serving constables to remain in their positions for up to six months or until fresh appointments are made, whichever comes first. However, the court dismissed a plea for age relaxation for these constables, emphasizing that their appointments were illegal from the outset. This case underscores the broader issue of backdoor appointments, a practice that has plagued various government departments in Nagaland. The police force, in particular, requires candidates who are not only physically fit but also mentally sound, qualities that can only be assured through open and fair recruitment processes. Unfortunately, this is not an isolated incident, as backdoor hiring and even ghost employees are a recurring problem across several state departments. While the judicial process may be slow, as exemplified by this case, Public Interest Litigations (PILs) appear to be one of the few avenues available to tackle these systemic issues. It is time that all advertisements for jobs be also done online including the results and the subsequent appointments. The Gauhati High Court’s decision serves as a reminder that transparency and fairness in public recruitment are not just legal requirements but essential for building trust in public institutions.