RAMHMANGAIHAI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Anil Rinliana Malhotra, learned counsel appearing for the petitioners and Mrs. Linda L. Fambawl, learned Govt. Advocate appearing for the State respondent Nos. 1 to 4.

(2.) The Government of Mizoram in the Department of Personnel & Administrative Reforms vide Notification No. A.12018/6/81-APT(B) dated 16.01.1989 framed a statutory Rule under Article 309 of the Constitution of India relating to recruitment to the post of Workshop Instructor (Blacksmith/Fitting/ Carpentry/Mechanical/Welding) in the Mizoram Polytechnic under Education & Human Resources Department, namely, the Mizoram Education & Human Resources Department (Group-C Posts) Recruitment Rules, 1989, which was published in the Mizoram Gazette on 16.01.1989 in the Pay Scale of Rs. 1,400/- to Rs. 2,600/- per month. As per said 1989 Rules, the educational and other qualification required for direct recruitment of Workshop Instructor was Matriculation or equivalent with Industrial Training Institute Certificate in the Trade or Central Training Institutes' Diploma/Technical Teacher Training Institutes' Certificate in the concerned Trade and further practical experience in the field/Institution in Workshop practice and working knowledge of Mizo was desirable.

(3.) Subsequently, the Government of Mizoram in the Department of Personnel & Administrative Reforms vide Notification No. A.12018/6/81-APT(B) dated 19.07.2002 amended the 1989 Recruitment Rules with another statutory Rule under Article 309 of the Constitution of India relating to recruitment to the post of Workshop Instructor (Blacksmith/Fitting/Carpentry/Mechanical/Welding) in the Mizoram Polytechnic under Education & Human Resources Department, namely, the Mizoram Education & Human Resources Department (Group-C Posts) Recruitment (Amendment) Rules, 2002, which was published in the Mizoram Gazette on 25.07.2002 amending, amongst others, the age limit for direct recruitment between 18 years to 30 years, relaxing 5 years for Schedule Castes/Schedule Tribes candidates and with regard to educational qualification instead of Matriculation, the requirement was (1) High School Leaving Certificate or equivalent with (a) Industrial Training Institute Certificate in the Trade or (b) Central Training Institutes' Diploma/Technical Teacher Training Institutes' Certificate in the concerned Trade, (2) Working knowledge of Mizo language up to Middle School standard and Practical experience in the field/Institution in Workshop practice was made desirable.