LALAWMPUIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) In both the writ petitions altogether 511 candidates joined their hands for a common cause. In both the writ petitions facts involved are similar and, therefore, both are being disposed of by this common judgment.

(2.) In the 2nd Five Year Plan, the Central Government in pursuance of the provision contained in Article 351 of the Constitution of India, for propagation and promotion of Hindi language in the non-speaking Hindi States and UTs introduce a scheme under the name and style "Scheme of Financial Assistance for appointment of Training of Hindi Teachers in non-Hindi speaking States/UTs." with 100% financial assistance whereunder the scheme of appointment of Hindi Teachers, opening/strengthening of Hindi Teachers' Training College in non-Hindi speaking States/UTs with a view to assist these States and UTs in implementing, effectively, the three months language formula had been adopted. The State of Mizoram being a non-Hindi speaking State for promotion and propagation of Hindi language Government of Mizoram also introduced the centrally sponsored scheme in the State of Mizoram. Accordingly, with this objective the respondent No. 3 in anticipation of receipt of 100% financial assistance from the centre issued a notification of vacancies vide Memo No. E 11011/4/01-DPC/DTSE dated 8.3.2007 to the Employment Exchanges under the Directorate of Labour and Employment of the Government of Mizoram in respect of vacancies of Primary School Hindi Teachers on contract basis, co-terminus with the scheme for teaching Hindi language in primary schools. In the notification essential educational qualification of the prospective candidates, age limit and other informations necessary for the purpose of the post were supplied and 31.3.2007 was fixed as last date of submission of application from the eligible candidates. Applications were to be submitted to the Director of School Education, Mizoram. In the notification it was specifically mentioned that such applications were called/invited from the eligible candidates for preparation of a panel for future vacancies. Pursuant to that notification the petitioners herein and others submitted their applications. Petitioners were issued Admit Card by respondent No. 6 having found each of them eligible for the post. Thereafter, the petitioners appeared in the written examination and became successful. Respondent No. 5 thereafter issued letters to the petitioners calling each of them to appear for personal interview on the dates and venue fixed therefor. All the petitioners appeared in the personal interview and were successful. Respondent No. 4, thereafter published a select list of the candidates for the post of Primary School Hindi Teachers under CSS and 180 candidates were selected from Aizawl district. Similar lists were prepared for other districts of the State of Mizoram. Altogether 687 candidates were selected and select lists published in the year 2008. In the district wise select list it was directed as under:

(3.) In the meantime, the Under Secretary to the Government of India, Ministry of Human Resource Development Department of Higher Education by his letter dated 30.11.2007 conveyed sanction of the President of India to the payment of grant amounting to Rs. 2.44 crores to the Education Secretary, Government of Mizoram for incurring expenditure on appointment of 687 Primary School Hindi Teachers during 2007-2008 as first installment. The expenditure is debitable to Demand No. 57-Department of Higher Education-3601-Major Head (Grants-in-aid to State Governments), 04-Sub Major Head (Grants to Centrally Sponsored Plan Schemes), 161-Minor Head (Language Development Promotion of Modern Indian Languages and Literature) 3-Sub Head (Appointment of Language Teachers and 03.00.31-Grants-in-aid for the year 2007-08). This letter was addressed to the Principal Accounts Officer, Department of Higher Education, Ministry of Human Resource Development, Shastri Bhawan, New Delhi. The amounts so sanctioned had been allocated during the year 2007-08 as first installment for payment of 687 Primary School Hindi Teachers by an order dated 25.1.2008 of Under Secretary to the Government of Mizoram, Finance Department (B). At this stage it would be appropriate to make a mention that the selection for appointment as Primary School Hindi Teachers was completed in the month of August, 2008 after sanction of the amount of Rs. 2.44 crores by the President of India for implementation of the scheme as indicated above.