H LILYPARI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The 5 (five) petitioners before this Court in the present writ petition are having Master Degree in their respective subjects from recognized Universities. The petitioners were appointed by their respective School Managing Board as Post Graduate Teachers/Lecturers between the year 2002 to 2005. Subsequently, the appointments of the petitioners were approved by the District Education Officer, Govt. of Mizoram by Office Orders dated 26.5.2016, 24.6.2011, 19.8.2002 & 19.8.2002 respectively. The Schools in which the petitioners are serving were also upgraded to Higher Secondary Schools. After the appointments of the petitioners were approved by the concerned District Education Officer, they signed the agreement forms with the respondents. Thereafter, the petitioners were engaged as Post Graduate Teachers on contract basis at fixed pay in the Deficit Higher Secondary School for a period of one year by various Office Orders issued by the Director of School Education, Mizoram, Aizawl. Such engagement Orders were issued after obtaining the approval of the Government, DP & AR and also the concurrence of the Finance Department. The petitioners are continuing on contract basis till date on the strength of various Office Orders issued from time to time by the Director, School Education. Similarly situated contract teachers were regularised by the Government from time to time. However, as the case of the petitioners were not considered for regularisation, the petitioner Nos. 1 & 2 made representation dated 27.5.2016 requesting for regularisation of their contract service before the Secretary, School Education Department, Aizawl, Mizoram. However, the said representation also did not bear any fruits.

(2.) The State respondents has also framed the Mizoram, Department of Education & Human Resource Development (Group 'B' Post) Recruitment Rules 1996 in respect of Post Graduate Teachers. The said Recruitment Rules of 1996 was amended by the Mizoram Education & Human Resource Development Department (Group 'B' Posts) Recruitment Rules (First Amendment) Rules, 2004 by a Notification dated 11.5.2015. The respondents again framed the Mizoram School Education Department (Group 'A' Posts) Recruitment Rules, 2015 (hereinafter the Rules of 2005) which was Gazetted in the Mizoram Gazette on 18.5.2015. In the Rules of 2015, the Educational qualification for the post of Post Graduate Teachers is atleast 2nd Class Master Degree from recognised University in the relevant subject with Bachelor of Education or its equivalent from institutions recognized by NCTE with working knowledge of Mizoram language atleast Middle School standard.

(3.) The Govt. of Mizoram has also formulated a Scheme called the Government of Mizoram Regularisation Contract Employees Scheme, 2008 (hereinafter the Scheme of 2008) under proviso to Article 309 of the Constitution of India which was further amended from time to time. The latest being the Government of Mizoram Regularisation of Contract Employees (Amendment) Scheme, 2015 which was notified by Notification dated 30th July, 2015 and Gazetted in the Mizoram Gazette on 10.8.2015.