SH.LALHMINGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Nelson Sailo, learned Sr. Counsel, assisted by Mrs. Dinari T. Azyu, learned counsel appearing for the petitioners. Also heard Mrs. Linda L. Fambawl & Ms. Melody L. Pachuau, learned Government Advocates, Mizoram for the State respondent Nos. 1 to 6.

(2.) The Government of Mizoram in the Department of Personnel and Administrative Reforms vide Notification No. A. 12018/19/2003 -P&AR(GSW)dated 12.11.2003, published in the Mizoram Gazette Extraordinary on 17.11.2003, framed a statutory Rule under Article 309 of the Constitution of India, namely, "the Mizoram Education and Human Resources Development Department (School Education) (Group 'C' Post) Recruitment Rules 2003" for recruitment to the post(s) of Primary School Teacher under the Education and Human Resources Development Department (School Education), Government of Mizoram. Rule -4 of the said 2003 Rules provides for method of recruitment, age limit, other qualification and other matters relating to the said post of Primary School Teacher under the Government of Mizoram and those have been specified in the Columns 5 to 14 of the First Schedule to the said Rule. Column 8 to the First Schedule of the said 2003 Rules prescribes educational and other qualifications required for direct recruit of Primary School Teacher as follows : -

(3.) The State respondents, without following the said 2003 Recruitment Rules, adopted a method to engage some unqualified persons as Primary School Teachers branding them as 'Education Volunteers' and in July 2006 engaged/appointed large numbers of such 'Education Volunteers' in fixed pay for a fixed term in various Government Primary Schools in the State against regular vacancy of Primary School Teachers and later extended the period of their such service.