SH. C. LAWMZUALA Vs. MIZORAM UNIVERSITY AND ANR.

JUDGEMENT

(1.) Both Mr. C. Lalramzauva, learned Sr. counsel assisted by Mr. T.J. Lalnuntluanga, learned counsel for the petitioner and Mr. M. Zothankhuma, learned Sr. counsel assisted by Mr. R. Ralte, learned counsel for the respondent University are heard at length. The petitioner in this writ petition is aggrieved by the refusal of the respondents to promote him to the post of Assistant Librarian in accordance with the recommendations made by the Departmental Promotion Committee purportedly under the Mizoram University Recruitment Rules, 2010. The material facts are not in dispute. The petitioner was initially appointed as Semi Professional Assistant in the North Eastern Hill University and was subsequently promoted to the post of Professional Assistant. In the meantime, following the establishment of the Mizoram University under the Mizoram University Act, 2010, he along with other employees came to be absorbed in the service of the Mizoram University. According to him, the post of Assistant Librarian was created by the University, 50% of these posts are to be filled up by way of promotion and the remaining 50% up by way of direct recruitment. There is no dispute about the eligibility of the petitioner for the post of Assistant Librarian. In the year 2011, a DPC was duly constituted for filling up the post of Assistant Librarian. The petitioner took part in the promotion process and was recommended by the DPC for promotion to this post. However, much to his consternation, the respondent authorities refused to issue formal promotion order. This is how this writ petition has been filed for appropriate relief.

(2.) The contention of the learned Sr. counsel for the petitioner is that the petitioner having been qualified for the post of Assistant Librarian was duly recommended by the DPC in accordance with the provisions of the Mizoram University Recruitment Rules, 2010, and as such the refusal of the respondent authorities to act upon the recommendation of the DPC is contrary to the law and is arbitrary.

(3.) Opposing the contention of the learned Sr. counsel for the petitioner, the learned Sr. counsel for the University draws my attention to the Mizoram University Rules, 2007 wherein it is clearly stated that this Rules are to come into force on the date of its official notification, but, till now, these Rules have not been officially notified and as such the DPC so constituted as well as the recommendation by the DPC in accordance with this yet to be born Rules is void ab initio and cannot be given effect to.