JUDGMENT :

1. Heard Mr. A.R Malhotra, learned counsel for the petitioners, Ms. Mary L. Khiangte, learned Government Advocate for the State respondents and Mr. B. Lalramenga, learned counsel appearing for the respondent No. 6 in WP(C) No. 131/2021. The learned counsel for the MPSC Mr. J.C Lalnunsanga who also appears for the respondent No. 6 in WP(C) No. 89/2019 is not present today. He had earlier submitted that the respondent MPSC will not be filing affidavit-in-opposition in WP(C) No. 131/2021. The MPSC and the respondent no. 6 has however filed their affidavit-in-opposition in WP(C) No. 89/2019.

2. WP(C) No. 89/2019 is filed by the Higher Secondary School Lecturers Association of Mizoram (HISSLAM) represented by its President, while WP(C) No. 131/2021 is filed by 3 (three) petitioners in their individual capacity. Since the issue raised in both the writ petitions are similar and identical, this Court proposes to dispose of both the writ petitions by this common judgment & order. For the purpose of convenience and brevity the facts set out in WP(C) No. 131/2021 will be referred to.

3. It is the case of the petitioners that they have all reached the stage of Selection Grade Lecturers as on 25.06.2012 and as per the relevant seniority list, which was published on 18.03.2013, they are the senior-most Lecturers in the Selection Grade and their names appear at Serial Nos. 5, 8 & 9 respectively. Those Lecturers whose names appear above them have either expired or have already been promoted to the post of Principal. The petitioners contend that in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Mizoram has framed the Mizoram School Education Department (Group ‘A’ Posts) Recruitment Rules, 2017 (Rules of 2017). As per the Rules of 2017, there are 18 sanctioned posts of Principal, Govt. Higher Secondary School and the method of recruitment as provided in Column No. 11 of Annexure-1 appended to the Rules of 2017 provides that 50% of the posts shall be filled up by promotion and the remaining 50% by Limited Departmental Examination (LDE). Column No. 12 of the same annexure further provides that promotion to the post of Principal, Govt. Higher Secondary School can be made from Lecturer, Govt. Higher Secondary School working on regular basis and who is in the Selection Grade having Bachelor of Education Degree (B.Ed) failing which, from Lecturer, Govt. Higher Secondary School who is in Senior Grade having B.Ed with 5 years of regular service in the grade. Recruitment, through LDE can be made from Lecturer, Govt. Higher Secondary School who have served on regular basis in Selection Grade having B.Ed or from Lecturer, Govt. Higher Secondary School in the Senior Grade, who have B.Ed Degree with 5 years of regular service in the grade. According to the petitioners, these are the only two methods for recruitment to the post of Principal of Govt. Higher Secondary School but however, the State respondents have filled up the post of Principal, Govt. C. Zakhuma Higher Secondary School, Kolasib by way of absorption by absorbing the respondent No. 6 to the said post. The absorption of the respondent No. 6 in such a manner and that too, without considering the case of other eligible Senior Grade or Selection Grade Lecturers, such as the petitioners being wholly arbitrary and illegal, the petitioners have approached this Court through the instant writ petitions.

4. Mr. A R Malhotra, learned counsel for the petitioners submits that the Rules of 2017 nowhere provides that the post of Govt. Higher Secondary School Principal can be filled up by way of absorption. He submits that the respondent authorities concerned have not even relaxed the relevant provisions of the Recruitment Rules for absorbing the private respondent No. 6 to the post. By referring to the Notification dated 10.07.2018 (Annexure-5), the learned counsel submits that pursuant to the approval given by the Council of Ministers i