LAWS(GAU)-2013-5-83

MALSAWMTHANGA Vs. STATE OF MIZORAM

Decided On May 31, 2013
Malsawmthanga Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) HEARD Mr. C.Lalramzauva, learned senior counsel assisted by Mr.T.J.Lalnuntluanga, learned counsel for the petitioner and Mr. Lalsawirema, learned Govt. Advocate, Mizoram for respondent Nos. 1 to 4. The remaining respondents, though served, have chosen not to contest the proceeding and are also not represented.

(2.) IT may be mentioned that the writ petition was initially filed by 2 (two) petitioners. But during the pendency of the writ proceeding, petitioner No.2 expired and, accordingly, on order of the Court, his name was struck off from the cause title. Writ petition has thereafter been pursued by the first petitioner. Further, during the pendency of the proceeding, the original respondent No.6 Shri S.N.Choudhury retired from service. Consequently, as per order of the Court, name of respondent No.6 was struck off from the list of respondents. Case thereafter proceeded against the remaining respondents after re -arranging the list of respondents.

(3.) BY way of this petition under Article 226 of the Constitution of India, petitioner seeks quashing of inter -se -seniority list of teachers of provincialised High Schools dated 19.3.2007 and for re -fixation of the inter -se -seniority between the parties as per criteria adopted by the State. Further prayer made is for a direction to the respondents not to fill up the posts of Headmaster of Govt. High School till completion of the aforesaid exercise.