C LALNEIHKIMI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The petitioners Mrs. Cl. Lalneihkimi and Mr C. Ngurthanmawia with intent to enforce their fundamental rights have come up with this petition u/s 226 of the Constitution for appropriate relief by way of order/direction from this Court. The petition is in connection with their expected promotion to the next higher grade of Principal, Government Higher Secondary School on the plea that they are holders of M.Ed, degree and challenging the interpretation of M.Ed, degree made by the respondents and thereby refusing their claim to promotion as arbitrary and illegal.

(2.) Fact of the case, in brief, are as below. Both the petitioners belong to Mizo Scheduled Tribe community entitled to enjoy all rights and privileges granted under the Constitution. That petitioner No.1 is presently working as the Headmistress of Mamawii Girls.' Higher Secondary School, Aizawl since April, 2001 and had good academic records and was holder of M. Ed. degree from NEHU. Petitioner No. 2 is also holder of M. Ed. degree from NEHU presently working as Vice-Principal, Government Chaltlang Higher Secondary School since 2001. Both the petitioners also having their other academic qualifications. That they were appointed as Graduate Teacher under the Assam School Service, class II in March, 1971. Vide paras 8 to 14 of the petition it was contended as follows by them. "8. That according to the provisions of the Mizoram Education and Human Resources Department (Group A Post Recruitment) (First Amendment) Rules 1996 as notified by the respondent government in the Mizoram Gazette on 10.6.1996, the post of Principal of Government Higher Secondary Schools is to be filled up by promotion from the feeder post of Vice-Principal, Govt. HSS/Headmasters of Govt. High Schools, possessing Master Degree with BT/B.Ed. and having not less than 5 (five) years experience as Vice-Principal/Headmaster. Further, such promotion is to be effected in the ratio of 66 3/2% by promotion and 33/3% by direct recruitment through written competitive examination respectively, failing both by deputation. 9. That according to the criteria laid down in the aforesaid recruitment rules, both the petitioners are fully qualified and eligible for promotion to the next higher post of Principal, Government Higher Secondary Schools in the scale of pay of Rs.10,000- 15,000/-p.m. 10. That at present there are five vacancies fa: the post of Principals in the following Government Higher Secondary Schools:- (a) K.M. Government HSS, Aizawl, (b) Government Saitual HSS. (c) Government Hnahthial HSS. (d) Government Kawrthah HSS. (e) Government Gandhi Memorial HSS, Champhai (Post became vacant recently due to the expiry of the existing incumbent).

(3.) That the petitioners have submitted, representations before the appropriate authority which was not honoured. It was contended by the petitioners that M.Ed. decree possessed by them is a Master Degree for all practical purpose. By reproducing the criteria for admission into programme of Master of Education and giving the details of structure and syllabi for M.Ed. Education Programme, and also referring to Policy Prospective in teaching education, they have contended that they are qualified to be appointed as Principal but the Government, unfortunately, being biased towards them was not taking any action in this respect. Hence they prayed for a writ to direct the respondents to consider the petitioners in zone of consideration for promotion to the post of Principal of Government Higher Secondary School by declaring that M.Ed, degree as equivalent to any other Master Degree far the purpose of the said promotion and far any other such relief to which they may be entitled.