Kohima, February 8: The Joint Action Committee (JAC) of COVID-era appointed healthcare workers has strongly objected to the Nagaland Cabinet’s decision to keep their regularisation “on hold,” terming the move legally untenable and constitutionally impermissible. The committee warned that it would initiate contempt of court proceedings if the order is not revoked and implemented immediately.
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In a statement issued on Sunday, the JAC said the matter had moved beyond the discretionary domain of the executive, as the regularisation process had already attained legal finality through government action and judicial scrutiny. It noted that affected healthcare workers had completed the joining process and that their appointments had already taken legal effect.
The JAC argued that any subsequent attempt to stall or suspend implementation through an executive hold order was arbitrary, ultra vires, and violative of Articles 14 and 21 of the Constitution of India. “What has attained finality in law cannot be rendered uncertain or infructuous by a subsequent administrative order,” the committee stated.
The committee further pointed out that wilful non-implementation or obstruction of a judicially settled issue could amount to contempt of court, warning that continued delay, inaction, or indirect circumvention through external pressure could expose the authorities concerned to contempt proceedings for deliberate disobedience of binding legal conclusions.
Urging the State Government and the Naga Students’ Federation to act strictly in accordance with law, the JAC maintained that negotiations or engagements cannot override judicial discipline or dilute settled legal rights. It cautioned that failure to revoke the hold order would compel the healthcare workers to pursue legal remedies, including contempt action, and to adopt lawful and democratic forms of protest to safeguard their constitutional rights, professional dignity, and livelihood.
The issue stems from litigation over the State Government’s Special Recruitment Drive (SRD). On August 1, 2025, a single-bench judge of the Gauhati High Court, Kohima Bench, dismissed writ petitions challenging the SRD process. This was upheld on December 11, 2025, when a Division Bench dismissed writ appeals, finding “no infirmity” in the policy and allowing the State to proceed with regularisation.
Following the verdict, the Department of Health and Family Welfare on December 16 announced the regularisation of 97 medical officers engaged on a contractual basis during the COVID-19 pandemic. However, the NSF opposed the move on December 20, serving a 45-day ultimatum demanding withdrawal of the order.
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A Special Leave Petition was subsequently filed before the Supreme Court of India. While issuing notices on January 16, the apex court clarified that pending claims would have no bearing on appointments already made by the State.
Despite this, the Nagaland Cabinet on February 3, 2026, decided to keep the regularisation orders in abeyance and to constitute a High-Powered Committee (HPC) to examine the matter, following the expiry of the NSF’s ultimatum.
Meanwhile, the NSF said its Emergency Presidential Council meeting held on February 7 took serious note of the Cabinet decision and endorsed engagement with the HPC to arrive at an “amicable, fair and just resolution.” While stating that democratic measures had been kept in abeyance for now, the Federation asked its units to remain vigilant should a resolution not be achieved.
The JAC, however, maintained that the issue was no longer a policy debate but a matter of respecting the Constitution, the rule of law, and judicial authority, calling on the government to act responsibly and without further delay.
