(1.) Heard Mr. A.R Malhotra, learned counsel for the petitioner and Ms. Linda L. Fambawl, learned Government Advocate for respondent nos. 1 to 3. Though service of notice on the respondent nos. 4 & 5 was deemed to be complete on 30.08.2017, none has appeared for the said two respondents since then as well as today on call.
(2.) The petitioner has preferred this writ petition under Article 226 of the Constitution of India challenging, inter-alia, the vires of that part of the Mizoram School Education Department (Group 'A' posts) Recruitment Rules, 2013 ['the 2013 Rules', for short] wherein it has been prescribed that the post of Deputy Director, Science Promotion Wing (SCERT) under the School Education Department, Govt. of Mizoram is to be filled up 100% by way of promotion from the grade of Science Consultant who possesses the minimum requisite qualification for direct recruitment for Science Consultant, with not less than 5 years of regular service in the grade. In the alternative, the petitioner has sought a direction to the respondents for consideration of his case for promotion to the post of Deputy Director, Science Promotion Wing (SCERT) with the invocation of relaxation clause contained in Rule 8 of the 2013 Rules.
(3.) The case of the petitioner, as projected in the writ petition, is that the petitioner was initially appointed as a Laboratory Bearer in the office of the Science Promotion Officer, Aizawl under the Directorate of Education, Mizoram by an order dated 31.07.1982 against a post sanctioned on 01.04.1981. By an order dated 29.04.1988, the petitioner was promoted as Laboratory Assistant on ad-hoc basis against a post sanctioned vide no. FMC.44/85(A) dated 18.07.1986 with effect from the date of his joining duties until further orders or till regular appointment was made, whichever was earlier. The ad-hoc appointment of the petitioner in the post of Laboratory Assistant in the office of the Science Promotion Officer came to be regularized with retrospective effect from 16.01.1989 by an office order dated 05.07.1989 passed by the Director of School Education, Mizoram. According to the petitioner, the order of promotion of the petitioner to the post of Laboratory Assistant was made in consonance of the provisions in the relevant recruitment rules existing at that point of time.