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State seeks to file counter affidavit for Yimkhiung and Tikhir tribes’ job reservation quota

Nagaland News

DIMAPUR, JUNE 6: Citing illegible departmental documents necessitating further clarifications, Nagaland Government Advocate on Tuesday sought for more time from the Kohima Bench of Gauhati High Court to file a counter affidavit in a case involving job reservation quota for Yimkhiung and Tikhir tribes.
“Mr. V Zhimomi, learned Government Advocate, submits that he has received the instruction from the Department however, most of the documents are not legible and therefore, necessary clarification has been sought from the Government. The learned Government Advocate therefore, seeks for 3 weeks’ time for filing the affidavit-in-opposition.
“Prayer is allowed. List it after 3(three) weeks. It is made clear that there shall be no further adjournment and the matter shall be taken up for disposal either with or without affidavit of the Government”, stated an order issued by Justice Kakheto Sema.
According to Court records, the Writ Petition was filed on March 31, 2023, by Yimkhiung Akheru Arihako against the State of Nagaland represented by the Chief Secretary, the Commissioner and Secretary of Personnel and Administrative Reforms and Chairperson of Nagaland Backward Tribe Commission.
“The petitioner in the present case is the apex students’ organisation of Yimkhiung tribe of Nagaland which is recognised as one of the backward tribes of Nagaland with separate provision for reservation in public employment. The Yimkhiung tribe was a conglomeration of 6 different dialect groups, i.e. Chirr, Langa, Longpfurr, Makury, Phelunger and Tikhir. The Government of Nagaland vide notification dated January 20, 2022 has recognised Tikhir as a separate Naga tribe.
“Thereafter by the notification dated March 23, 2022, the Tikhir tribe has been included in the list of backward tribe. The Yimkhiung as well as the Tikhir tribe belong to Eastern Nagaland consisting of 6 tribes and are enjoying reservation quota of 25% in all public employment and with the recognition of Tikhir as a separate tribe and inclusion in the list of backward tribe, the number of backward tribes has rose to 7 tribes; however, the 25% quota reservation has remained unchanged”, it stated.
According to the petitioner, the March 23 notification had provided that 25% of all categories, both Gazetted and non-Gazetted posts under the Government of Nagaland, should be reserved for persons belonging to the 7 tribes of 6 districts, namely Mon, Tuensang, Kiphire, Longleng, Noklak and Shamator.
However, the petitioner’s Counsel submitted that though said notification provides 25% reservation to the 7 tribes, “in reality the reservation quota of 25% has been allocated only to the 6 tribes by treating Yimkhiung and Tikhir as one tribe”.
“The learned senior Counsel submits that such action of the respondent Authorities has caused disparity in the allocation of quota and has deprived the persons belonging to the two tribes, i.e. Yimkhiung and Tikhir, from enjoying their due share of the reservation quota under the notification dated March 23, 2022.
“In other words, the learned senior Counsel submits that the notification dated March 23, 2022 providing reservation quota of 25% for the 7 tribes has not been equally extended to the 7 tribes in the 6 districts. Being aggrieved by the action of the State respondents, the petitioner is before this Court”, it stated.
(Page News Service)