The determination of the NTUCT to cancelled backdoor appointments most visibly in the case of direct appointment of police constables by completely trampling underfoot the High court order and supreme court order (Uma Devi’s case) respectively had evoked mixed reactions from a certain student Union and Tribal Hoho. We extend our heartfelt thanks and gratitude to all those who have been showering their blessings and solidarity through different medias. We are also grateful to all those who have been upholding us through prayers. The moral support, prayer and financial support had tremendously boosted our morals and encouraged us to take a giant leap ahead. Consistency and persistency are the principle that guides us although ours is a small organization confined to a definite territorial jurisdiction. The NTUCT is constrained to express our profound appreciation particularly to the Lotha Students Union and Lotha Hoho Dimapur district recently for openly supporting the movement started by us in this particular case. We also acknowledge positively the concern shared by them that corruption is happening in every known government departments in the state of Nagaland. We wish ours is the apex Naga body (NGOs) having enormous resources to crush the so-called corruptions. On the other hand, the NTUCT is sorry to convey to the Lotha students Union and Lotha Hoho Dimapur district that we are not in a position to check corruptions in every department under the State government of Nagaland at the moment. Further we hereby vividly make very clear once and for all that NTUCT is neither against any tribe nor political party. Perhaps NTUCT is grateful to various NGOs presently fighting against corruption in various departments. Likewise, we also invite the concern NGOs to please identify one or two Govt’ department against the same issue for which we are ready to extend our support and solidarity if we all play our part well, then it shall be really worth labelling our people as NAGALAND For Christ. It’s high time we knocked out the tendency of ‘Tribalism feelings.’ Say for instance Dy. CM shri Y Patton is in charge of Home and NTUCT is against the corruption in his department, which does not reflect or portray that we are against the Lothas just because he being a Lotha. The NTUCT termed certain student union and Tribal Hoho alleging those organizations, unions, associations and federations etc fighting against backdoor appointments as targeting only a particular department, which exposed apparent vested interest and ill intention, as very unfortunate.
What do one say or react with:
1. NSF demanding for setting up of NSSB and questioning the authority of NPSC giving its approval for backdoor appointments?
2. CTAN & CEAN demand for cancellation for backdoor appointments by Commissioner and Secretary, Works and Housing department?
3. CTAN & CEAN is also demanding the cancellation of backdoor appointments against the
departments of Forest and Soil and Water Conservation?
4. NPRAAF is constantly fighting against the backdoor appointments in Tourism department and many others?
5. ACAUT and PSAN has filed several court cases against backdoor appointments involving almost every departments? Further, there are many other organizations/associations/unions and federations etc. fighting for various corruption cases prevailing under the State government of Nagaland. Are all these for vested interest and only targeting a particular department? Can we still say that all these are a fight for vested interest and targeting a particular department? Let us develop positive mindset and let the good sense prevail upon the Nagas. To highlight the backdoor appointment in brief NVCO president Shri. Kezhokhoto Savi (advocate) once said that the fight against backdoor appointment is to mete out justice by ensuring “Equality of appointment in matters of public appointment” enshrined as fundamental right in Article 16 of the constitution of India to the man educated/meritorious/qualified/unemployed youths so as to bring about a positive change in public administration and achieve the goals/ideals laid down in the Constitution. It is also the fight against all those employed who have been appointed/recruited in various departments of the Govt. of Nagaland bypassing the constitutional scheme of public employment through the modus operandi of illegal, backdoor, contractual, ad hoc, casual, temporary deputation, irregular, etc. modes of appointment in collusion between the bureaucrats and the politicians.
The Govt. of Nagaland O.M.NO: AR-3/Gen-179/2AO7 (Pt) dated 13th January 2010 on the subject-”irregular appointment of Govt. servants by some appointing authorities” reveals the naked truth about the most unethical ‘department ethics’ that has taken a stranglehold on governance in the State which is stated as follows: “It has come to the notice of the Government that a number of unauthorized appointments have been made by certain Heads of Departments on the eve of their retirements without following the prescribed procedure. Now, the Government has taken a decision that all those irregular appointments made by them should be immediately cancelled by the concerned Administrative Heads of Depts. and also criminal prosecution of the guilty officials be taken up by filing an FIR in the Vigilance Commission and all payments of pensionary benefits should be withheld till criminal case is disposed off.”
The Apex Court of the country reported in several cases such as;
a) “Regularization is not and cannot be the mode if recruitment by any State”…… “regularization cannot give permanence to any employee whose services are ad hoc in nature”
b) “The appointment to any post under the state can only be made after a proper advertisement has been made inviting applications from eligible candidates and holding of selection by a body of experts or specially constituted committee whose members are fair and impartial through a written examination or interview or some other rational criteria for judging the inter se merit of candidates who have applied in response to the advertisements made”….”Any regular appointment made on a post under the Sate or Union without issuing advertisements inviting applications from eligible candidates and without holding a proper selection where all eligible candidates get a fair chance to compete would violate the guarantee enshrined under Article 16 of the Constitution.”
c) A landmark judgement passed by the Guwahati High Court Kohima Bench in one of the Sate of Nagaland cases stated as follows: “Appointment made without following appropriate procedure under the Rules holding the field and without advertisement and without inviting applications from open market would amount to infringement of Article 14 and 16 of the Constitution and so regularizing a service of the candidate otherwise not appointed by following prescribed procedure would not be valid mode of appointment. The entry of these appointees into the service having been achieved through backdoor cannot acquire any right and so regularization of their services would amount negating the prescribed procedure at the cost of Article l-4 and 16 of the Constitution of India. Even taking recourse to a scheme framed under Article i.62 of the Constitution to circumvent the procedure prescribed under a statutory rule would be contrary to the constitutional mandate. It is the established law that no regularization is permissible on the strength of a Cabinet decision adopted in exercise of power under Article 162 of the Constitution of India and consequently such regularization is liable to be struck down,
d) “That adherence to article 14 and 16 of the Constitution is a must in the process of public employment.” As for the core issue NTUCT has not received any positive response either from the state govt. nor the head of the concern department. Besides, nothing have been heard from the high level committee constituted by the government of Nagaland for a period of two weeks only to submit its report. Had it not been for Covid-19 lockdown we are left with no other option but to approach the court of law to seek justice which we tried to avoid lest a law maker and some senior police officers shall surely face legal consequences. The NTUCT urge upon the government and the home department to immediately response to the people’s demand during the lockdown period. Further we call upon the minister in charge Shri Y. Patton, hon’ble Dy CM of Nagaland to direct the DGP to cancel all backdoor appointments if he is really innocent as claimed. Shri Y. Patton should have resigned long before owning responsibility of all the messes happening under his patronage. The DGP is directly responsible and guilty of prima facie unless proved acting at the behest of his boss/bosses in view of the evidences available with us so far. We are also fully aware of the minister in charge over exercising his political influence which will be exposed in due course of time at the proper platform.
Akato Sema joint secretary NTUCT and Asoba Yim social and cultural secretary NTUCT