SAINGURA SAILO MIZORAM Vs. STATE OF MIZORAZM

JUDGEMENT

(1.) Saingura Sailo, has come to this Court as pro-bono-publico mainly questioning the Government decision in the matter of recruitment of 142 post-Graduate Teachers (herein after referred as PGT) in various up-graded Government Higher Secondary Schools under the School Education Department sought to be recruited by the concerned Department instead of drafing though the Mizoram Public Service Commission (here in after referred as MPSC)

(2.) The State of Mizoram is as in a nascent stage, established in the year 1986 by an Act of the Parliament, the State of Mizoram Act, 1986, The MPSC was formed sometimes in 1994. Prior to the constitution of the MPSC the Government of Mizoram itself was to recruit persons through Departmental Promotion Committee in accordance with procedure laid down in Civil Services Regulation and other executive orders issued by the Government from time to time. A Selection Committee at all relevant time used to recommend in the matter of appointment/promotion in Group A and B category posts in the Government of Mizoram. On the establishment of MPSC the Government decided to transfer all cases of appointment/ promotion to Group A and B posts under the Mizoram to the MPSC for its recommendation. On setting up of the MPSC the Governor of Mizoram in exercise of the power conferred on it by the provisions of Clause (3) of the Article 320 of the Constitution of India made a regulation name and style as MPSC (Limitation of Function) Regulation; 1994 vide Mizoram Gazette Extra Orginary dated 20-7-1994. The relevant Clause namely the Clause (3) and Clause (b) of Clause 4 are extracted below :

(3.) The existing provision under Rule 4(b) relating to Limitation of Functions in respect of promotion, shall be substituted by the following :-