Gauhati High Court dismissed a plea challenging the NLA secretary appointment, ruling the post does not require DPC
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KOHIMA — The Kohima Bench of Gauhati High Court has dismissed a writ petition challenging the appointment to the post of Secretary of Nagaland Legislative Assembly (NLA) Secretariat, holding that it is a “selection post” and not one requiring recommendation through a Departmental Promotion Committee (DPC).
In its judgement and order dated May 8, the court stated that it was “unable to hold that the exercise of promoting the respondent no. 4 vide impugned notification dated March 25, 2026 is bad in law or on facts.”
The writ petition was filed by Jenny Ndang, Additional Secretary of NLA Secretariat, challenging a notification issued by the Joint Secretary of NLA Secretariat, through which the Governor of Nagaland promoted Khruohituonuo Rio (respondent no. 4) to the post of Secretary, NLA Secretariat, with retrospective effect from July 5, 2022.
The petitioner also sought a direction to the respondent authorities to constitute a DPC for regular promotion by considering all officers falling within the zone of consideration for the post of Secretary.
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In its judgement, the court referred to Rule 11 of the Nagaland Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1999, stating that the appointing authority for the post of secretary is the governor in consultation with the NLA Speaker.
The court further observed that under Rule 12 of the 1999 Rules, as amended by the Third Amendment Rules, the posts of secretary and additional secretary are to be filled by the governor on the recommendation of the speaker and in consultation with the chief minister.
“Therefore, the court is inclined to hold that the post of secretary is envisaged as a selection post where the appointing authority is the governor and therefore, for appointment to the post of secretary of Nagaland Legislative Assembly Secretariat, no DPC is envisaged,” the order stated.
The court further observed that the statute must be read as a whole and not in isolation. It held that the post of secretary in the NLA Secretariat is a selection post where appointment is not based solely on seniority and may be made from among additional secretaries or equivalent officers with a minimum of two years’ continuous service, subject to suitability as determined by the appointing authority.
Accordingly, the court held that the post of secretary is not required to be filled through a DPC.
The court also noted that the case involved “unique facts and circumstances,” particularly concerning distinctions made under the 1999 Rules between the cadre positions of the petitioner and respondent no. 4, and the impact of the Third Amendment Rules in placing them at par.
“In light of the unique facts and circumstances of this case… the cases cited by the learned senior counsel for the petitioner are not found applicable,” the court observed, adding that there was no necessity to discuss those judgements in detail in the order.