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2021 Supreme(Gau) 73

MANISH CHOUDHURY, S.HUKATO SWU
Zonunthara S/o Lalbiaksanga R/o – Khatla, Aizawal – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.R Malhotra
For the Respondent:Ms. Linda L. Fambawl, Government Advocate

JUDGMENT & ORDER :

Manish Choudhury, J.

Heard Mr. A.R Malhotra, learned counsel for the petitioner and Ms. Linda L. Fambawl, learned Government Advocate for respondent nos. 1 to 3. Though service of notice on the respondent nos. 4 & 5 was deemed to be complete on 30.08.2017, none has appeared for the said two respondents since then as well as today on call.

2. The petitioner has preferred this writ petition under Article 226 of the Constitution of India challenging, inter-alia, the vires of that part of the Mizoram School Education Department (Group ‘A’ posts) Recruitment Rules, 2013 [‘the 2013 Rules’, for short] wherein it has been prescribed that the post of Deputy Director, Science Promotion Wing (SCERT) under the School Education Department, Govt. of Mizoram is to be filled up 100% by way of promotion from the grade of Science Consultant who possesses the minimum requisite qualification for direct recruitment for Science Consultant, with not less than 5 years of regular service in the grade. In the alternative, the petitioner has sought a direction to the respondents for consideration of his case for promotion to the post of Deputy Director, Science Promotion Wing (SCERT) with the

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