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2022 Supreme(Gau) 1237

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AIZAWL BENCH
MICHAEL ZOTHANKHUMA, J.
Smt. Saithantluangi Zote and Anr. - Appellant
Vs.
Secretary, Mizoram Public Service Commission and Ors. - Respondent
WP(C) No. 98 of 2022
Decided on : 20-09-2022

Headnote:

Mizoram Civil Services (Combined Competitive) Examination Rules, 2020 – Rule 4, 5 –d Rights of Persons with Disabilities Act, 2016 – Section 2 – Certifying Authority – Learned counsel petitioners learned counsel for respondent have appeared in Court today in person – Petitioners have put to challenge impugned Corrigendum respondent by which petitioners have been disqualified from participating – Held, Court does not have any quarrel with proposition submission made by learned counsel for respondent Clause cannot override provisions – Court finds that the subject matter in issue is not with regard to whether Notification – Apex Court has held that once an advertisement had been issued basis of circular obtaining at that particular time effect would be that selection process should continue on basis of criteria which were laid down – Writ petition is accordingly dismissed.

JUDGMENT :

Heard Mr. A.R. Malhotra, learned counsel for the petitioners and Mr. J.C. Lalnunsanga, learned counsel for the respondent Nos. 1 & 2. The respondent Nos. 3 & 4 have appeared in the Court today in person.

2. The petitioners have put to challenge the impugned Corrigendum dated 05.09.2022 issued by the respondent No. 2, by which the petitioners have been disqualified from participating further in the Mizoram Civil Services (Combined Competitive) Main Examination, 2022, herein after referred to as the “Combined Examination, 2022” on the ground of being over-aged. Further, vide the said Corrigendum dated 05.09.2022, the respondent Nos. 3 & 4 have been called to take part in the personal interview in place of the petitioners.

3. The petitioners’ case in brief is that they belong to the Scheduled Tribe category and they have been working as regular Government Servants for more than 4 years. Pursuant to the Advertisement No. 7/2020-21 dated 11.03.2021, for filling up the vacant posts of Junior Grade in various Services under the Government of Mizoram, the petitioners submitted their online applications. In terms of the Advertisement No. 7/20250-21 dated 11.03.2021, herein after referred to as the “Advertisement”, a total of 28 posts were to be filled up, out of which 7 + 1 (reserved for PwBD) posts were to be filled up in the Mizoram Civil Services (MCS in short). The 1 post mentioned above was reserved for persons with Benchmark Disabilities having (i) autism, intellectual disability, specific learning disability and mental illness; and (ii) multiple disabilities from amongst persons with blindness and low vision; deaf and hard of hearing; locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy; including deaf-blindness.

Vide Addendum dated 16.08.2021 issued by the respondent No. 1, the number of vacant posts of Junior Grade of MCS to be filled was enhanced to 14 + 1. The petitioners’ case is that they are only interested in the vacant posts of Mizoram Civil Services, wherein 14 posts was reserved for the “General Category Candidates” and 1 post was reserved for a “Person with Benchmark Disabilities.”

4. The State respondents thereafter issued Admit Cards to the petitioners for taking part in the Preliminary Examination, on the basis of the Final Valid List of Candidates dated 21.09.2021, issued by the respondent Nos. 1 & 2.

5. The petitioner No. 1 and petitioner No. 2 cleared the Preliminary Examination and their names were listed in the Preliminary Result List dated 07.01.2022. Thereafter, the petitioners were issued fresh Admit Cards for the Written Examination (Mains), wherein the Roll No. of the petitioner No. 1 was 200 and the Roll No. of the petitioner No. 2 was 300. The petitioners cleared the Written Examination (Mains) and they were accordingly listed at Serial Nos. 35 & 49 respectively in the Main Examination Result List dated 23.08.2022.

6. The petitioner No. 1 was informed through Mobile in the first week of September, 2022 that she was to face personal interview on 26.09.2022. On the other hand, the petitioner No. 2 was informed that he would be facing personal interview on 27.09.2022, vide letter dated 25.08.2022 issued by the respondent No. 2. Subsequently, to the surprise of the petitioners, the petitioners were informed that they were disqualified from further participating in the selection process, on the ground of them being over-aged, vide the impugned Corrigendum dated 05.09.2022.

7. The petitioners’ counsel submits that in terms of the conditions of eligibility provided at Clause 6 (3) of the Advertisement, relaxation of age of a Schedule Tribe candidate was to be made upto 40 years, in terms of the Notification dated 03.06.2019, published in the Mizoram Gazette dated 10.06.2019. He submits that in terms of the Notification dated 03.06.2019, a Go

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