JOSEPH ZAIREMMAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Vanlalenmawia. learned Counsel appearing for the Petitioner. Also heard Mr. N. Sailo. learned Addl. Advocate General. Mizoram, and Mrs. Dinari T. Azyu. learned Government Advocate appearing for the State Respondents. None appears for the private Respondents.

(2.) In this writ petition, filed under Article 226 of the Constitution of India, the Petitioner has challenged the appointments of the private Respondents as Sub-Inspector (Operator) under the Mizoram Police Radio Organisation on the ground that the said appointments were made violating the law/procedure prescribed by the Mizoram Police Manual, 2006 (hereinafter called the "Manual") The Petitioners' case in brief may be stated as follows.

(3.) The Petitioners No. 1 to 5 were appointed as Assistant Sub-Inspectors (Operator) and the Petitioner No. 6 was appointed as the HC/Operator under Mizoram Police Radio Organisation in 1995/96 and since then, they have been working in the said capacities. According to the Petitioners, all of them being graduate, are eligible for direct recruitment to the post of Sub-Inspector (Operator). The Government of Mizoram. on 30.06.2008. made a notification for direct recruitment, for filling up of 72 vacancies of S.I. (Unarmed Branch). On the basis of the said advertisement, recruitment process initiated to fill up those vacancies, a select list of the qualified candidates was prepared and the said 72 vacancies were filled up. Alter filling up the said vacancies, out of the said select list the private Respondents were appointed as Section 1. (Operator) and thus six vacant posts of Section 1. (Operator) were filled up without notifying the vacancies and without conducting competitive examination as per the provisions laid down by the Manual.