Court rules corrigendum introducing written exams valid, ensures transparency and fair opportunity for all candidates
In a landmark decision, the Gauhati High Court's Kohima Bench has upheld the inclusion of a written test in the recruitment process for Excise Constables in Nagaland. This decision comes in the wake of an intra-court appeal challenging the introduction of the written examination by a corrigendum dated June 4, 2025, which was contested by candidates and initially quashed by a single judge bench.
The appeal, brought forth by the State of Nagaland, was heard by a division bench comprising Justices Nelson Sailo and Pranjal Das. The bench overturned the earlier judgment, allowing the state to proceed with the recruitment process that includes a written test as part of its evaluation criteria. The court found that the original rules, namely the Nagaland Excise Service (Revised) Rules, 1999, did not specify detailed recruitment procedures, thus leaving room for the Departmental Recruitment Board to introduce additional measures to ensure a robust selection process.
The controversy centered around the introduction of a written exam, which was not part of the original advertisement issued on April 7, 2025. The appellants argued that the lack of detailed procedural rules gave the recruitment board discretion to include a written test, ensuring better screening and selection of candidates. The corrigendum, the court noted, applied uniformly to all candidates and was notified before the commencement of the recruitment stages, thereby upholding the principles of fairness and transparency.
The court also addressed the issue of estoppel, highlighting that candidates who participated in the recruitment process after filing a representation against changes could not later challenge the process. Participation in the recruitment process after filing a protest was deemed a waiver of the right to challenge, aligning with established principles of administrative law.
The decision underscores the court's stance on maintaining procedural fairness while allowing necessary flexibility in recruitment processes to adapt to practical needs. This ruling is expected to set a precedent for future cases where procedural modifications are introduced mid-way through recruitment processes, provided they are uniformly applied and adequately publicized.
Bottom line:-
Recruitment process for Excise Constables under the Nagaland Excise Service (Revised) Rules, 1999 - Inclusion of written test through corrigendum justified when rules do not prescribe detailed recruitment procedure and the decision applies uniformly to all candidates.
Statutory provision(s): Constitution of India - Articles 14, 16; Nagaland Excise Service (Revised) Rules, 1999
State of Nagaland v. T. Akon Phom, (Gauhati)(Kohima Bench)(DB) : Law Finder Doc id # 2944606
