LAWS(GAU)-2018-11-87

ROTLUANGI CHAWNGTHU Vs. STATE OF MIZORAM

Decided On November 27, 2018
Rotluangi Chawngthu Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioners. Also heard Mr. A.K. Rokhum, learned Addl. Advocate General for all the respondents.

(2.) The petitioners have challenged the decision of the State respondents to fill up the vacant posts of Principal in Government Higher Secondary Schools by way of Limited Departmental Examination (LDE). The petitioners' counsel submits that as the Mizoram School Education Department (Group 'A' posts) Recruitment Rules, 2017, hereinafter referred to as 'the 2017 Rules', provides for filling up all the 18 sanctioned posts of Principal, 50% by Promotion from Selection Grade/ Senior Grade Lecturers and 50% by Limited Departmental Examination from Selection Grade Lecturer and Lecturers, the promotion to the 4 (four) vacant posts of Principal should be made, 50% by Promotion and 50% by LDE.

(3.) The petitioners' counsel submits that prior to the coming into force of the 2017 Rules on 08.03.2017, the recruitment to the post of Principal of Government Higher Secondary Schools were to be done, as per the provisions of the Mizoram Education & Human Resources Development Department (Group 'A' posts) Recruitment Rules, 2009, hereinafter referred to as 'the 2009 Rules'. As per the 2009 Rules, the post of Principal was to be filled up, 100% by way of promotion, from Vice Principal having 5 years regular service in the Grade.