EMN
Dimapur, September 6
Western Yimchungru Students’ Union (WYSU), in collaboration with the Yimchungru Students’ Union of Kohima (YSUK) had organized a seminar for Yimchungru youth on August 29 in the DUDA Guest House, Kohima, where Advocate Kezhokhoto Savi was the resource person. In his discourse Savi, who is also the president of the Nagaland Voluntary Consumers’ Organization (NVCO), pointed out the Supreme Court ruling in 2014 wherein it said that in the absence of any advertisement or selection process, the appointment of the person was not protected and could be validly terminated.
As leader of ACAUT Nagaland, Kezhokhoto Savi stated that it was not necessary to clarify any facts from the department (SCERT) as backdoor appointment would remain the same until and unless the alleged posts were advertised and conduct due process of selection as envisaged by the relevant rules.
Speaking on the topic ‘The impact of RTI in Nagaland,’ Savi said every individual or group is fighting against backdoor appointments after obtaining relevant documents through the Right to Information Act, 2005 from the departments. Stating that backdoor appointment is prevailing in almost every department and still continuing, he said filing of RTI applications has to continue by the citizens/ students’ unions/ associations/ federations etc.
He said regularization of services of the backdoor appointments was improper as far as the entry of their services were not appointed in following the procedure laid down under Article 14 (equality before law), Article 16 (equality of opportunity in matters of public employment) and Article 309 (recruitment and conditions of service of persons serving the Union or a State) of the Constitution of India. He said the government approval would never legalize the service of a person whose entry was backdoor appointments adding it would remain illegal and improper no matter what length one has served in service.
He has accused the government of encouraging backdoor appointment and corruption in the State despite the demand by ACAUT Nagaland to take necessary actions against the backdoor appointments by way of termination and conduct selection process against the vacancies. He, therefore, said the only alternative to seek justice was to approach the High Court by way of filing PIL (Public Interest Litigation).
Stating that the State is meant to be a model employer, he said the Constitution by Article 315 has created a Public Service Commission for the Union and the Public Service Commissions for the States with a view to make the procedure for selection fair.
He, therefore, said equality of opportunity is the hallmark for which the Constitution has provided affirmative action to ensure that unequals are not treated as equals.
