T LALROPUIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Both the writ petitions have been heard analogously. The issue involved in the writ petitions is same. In WP(C) No. 101 of 2002 the writ petitioner (hereinafter referred to as "Petitioner No. I") seeks a direction for implementation of the recommendation made by the Mizoram Public Service Commission (in short MPSC) for his appointment as Asstt. Director of Forensic Science Laboratory, Mizoram under the respondents. On the other hand in WP (C) No. 105 of 2002 the writ petitioner (hereinafter referred to as 'Tetitioner No. II") has prayed for setting aside and quashing of the recommendation made in favour of the Petitioner No. I.

(2.) The basic facts are not in dispute. The MPSC issued an advertisement No. 3 of 2001-2002 for two posts of Asstt. Director (Forensic) under Mizoram police department. The prescribed qualification laid down in the advertisement was M.Sc. in (Forensic, Chemistry, Physics, Mathematics, Zoology, Botany, Bio-Chemistry, Micro-Biology, Bio-Physic etc.) or Bachelor of Science with Post Graduates Diploma in Forensic Science with working experience in any recognized Forensic Science Laboratory with study in Mizo language upto Middle School Standard Preference was to be given to those who were M.Sc. (Forensic) Or Bachelor of Science with Post Graduates Diploma in Forensic Science. The recruitment rule for the said post of Asstt. Director provides for 100% direct recruitment. The educational qualification and other qualifications required for direct recruitment to the said post has been prescribed in the recruitment rules called as "Mizoram Police Department (Group 'A' posts) Recruitment Rules, 2001 which is quoted below.

(3.) All together 54 candidates applied for the posts including the two writ petitioners and the respondent No. 6 who got himself im-pleaded in WP(C) No. 105/2002. Out of the 54 applicants, 40 applicants held to be eligible by the MPSC, which included the two writ petitioners and the respondents No. 6, were called for interview. Only 31 candidates including the writ petitioners and the respondents No. 6 appeared before the selection committee. The MPSC conducted the selection and recommended 3 candidates for appointment against the two posts. The petitioner No. I was placed at Serial No. 1 while the respondents No. 6 was placed at SI. No. 2 The petitioner No. II was placed at Serial No. 3.