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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Nelson Sailo, J.
Sh. P.C. Vanlallawma S/o LT Vunga(L) – Petitioner
Versus
The State of Mizoram r/b the Chief Secretary and ors. – Respondents
WP(C)/134/2022
Decided On : 31-01-2024
MF&AS Rules - Recruitment Dispute - Rule 6(a), 6(b), 6(c) - The court dismissed the writ petition challenging the filling up of posts of Junior Grade of MF&AS by direct recruitment, finding that the petitioners, who were re-designated and upgraded, were no longer eligible for promotion under Rule 6(b) of the Rules of 2008. The court also noted the delay and laches in filing the petition and the subsequent amendment of the Rules of 2008, and held that the petitioners had no legitimate grievance in the selection and appointment of the private respondents.
Fact of the Case:
The petitioners challenged the filling up of posts of Junior Grade of MF&AS by direct recruitment, claiming that the vacancies should have been filled up as per the relevant provisions of the Mizoram Finance & Accounts Service Rules, 2008 (Rules of 2008) in the ratio of 50:25:25 i.e., by Limited Departmental Examination (LDE), promotion, and by direct recruitment respectively. The petitioners, who were re-designated and upgraded, sought cancellation of the selection and appointment made to the posts and initiation of a fresh process in terms of the Rules of 2008.
Finding of the Court:
The court found that the petitioners, after their re-designation and upgradation, were no longer holding their original posts, which were feeder posts for promotion to the Junior Grade of the MF&AS under the Rules of 2008, and therefore, they were not eligible for promotion under Rule 6(b) of the Rules of 2008. The court also noted the delay and laches in filing the petition and the subsequent amendment of the Rules of 2008, and held that the petitioners had no legitimate grievance in the selection and appointment of the private respondents.
Issues: The issues involved the eligibility of the petitioners for promotion to the Junior Grade of MF&AS under Rule 6(b) of the Rules of 2008, the delay and laches in filing the petition, and the subsequent amendment of the Rules of 2008.
Ratio Decidendi: The court held that the petitioners, after their re-designation and upgradation, were no longer eligible for promotion under Rule 6(b) of the Rules of 2008. The court also noted the delay and laches in filing the petition and the subsequent amendment of the Rules of 2008, and held that the petitioners had no legitimate grievance in the selection and appointment of the private respondents.
Final Decision: The court dismissed the writ petition, finding no merit in the petition and held that the respondent authorities concerned may proceed in finalizing the selection made by bringing the same to its logical conclusion.
JUDGMENT :
Heard Mr. B. Lalramenga, learned counsel for the petitioners, Mrs. H. Lalmalsawmi, learned Govt. Advocate for the respondent Nos. 1, 2 & 3, Mr. J.C. Lalnunsanga, learned Standing Counsel, Mizoram Public Service Commission (MPSC) for respondent No. 4 and Mr. A.R. Malhotra, learned counsel for the private respondent Nos. 5 to 12.
2. The petitioners have filed the instant writ petition with the following prayer:-
(ii) For cancellation and quashing of the impugned Notification No. A. 12031/1/2022-F.Est. dated 26.10.2022 by which the Respondent nos. 5-12 were appointed to the 8 (eight) posts of the Junior Grade of MF&AS.
(iii) For initiation of a fresh process for filling up of the said 8 (eight) posts of the Junior Grade of MF&AS by maintaining the quota in the ratio of 25% for Promotion, 50% for Limited Departmental Examination and another 25% for Direct Recruitment as per the MF&AS Rules, 2008, or under any other relevant Recruitment Rules in this regard.
(iv) For cancellation and quashing of the ongoing process for filling up of another 10 (ten) posts of the Junior Grade of MF&AS by way of Direct Recruitment and also the impugned approval for filling up of another 10 (ten) posts of MF&AS and for directing the Respondent Nos. 1-4 to fill up such 10 (ten) posts by strictly adhering to the quota in the ratio of 25% for Promotion, 50% for Limited Departmental Examination and another 25% for Direct Recruitment as per the MF&AS Rules, 2008, or under any other relevant Recruitment Rules in this regard.
(v) For setting aside and quashing of the impugned Notification Memo No. A. 12018/1/2001-F.Est dated 17.11.2017 issued by the Respondent No. 3 insofar as it debars the Petitioners from making the present claim.
(vi) and/or to pass any other order(s)/direction(s) in favour of the Petitioners as your Lordship may deem fit and proper.”
3. The petitioner Nos. 1 to 44 are said to be presently serving as Accounts Officer, which before re-designation was the post of Divisional Accountant. The petitioner Nos. 45 to 47 are serving as Accounts Officer, which before re-designation was the post of Treasury Accountant. The petitioner Nos. 48 to 66 are said to be serving as Audit & Accounts Officer, which before re-designation was the post of Auditor. They are aggrieved with the action of the Official respondents in filling up eight (8) vacant posts of Junior Grade, Mizoram Finance & Accounts Service (MF&AS) by way of direct recruitment which was advertised through the impugned Advertisement No. 7 of 2020 -2021 dated 11.03.2021. According to the petitioners, the eight (8) posts should have been filled up as per the relevant provisions of the Mizoram Finance & Accounts Service Rules, 2008 (Rules of 2008) in the ratio of 50:25:25 i.e., by Limited Departmental Examination (LDE), promotion and by direct recruitment respectively. Therefore, the petitioners seek cancellation of the selection and appointment made to the post in question and for initiation of a fresh process in terms of the Rules of 2008.
4. The petitioners have also sought for cancellation of the subsequent process for filling up of ten (10) posts of Junior Grade of the MF&AS by direct recruitment initiated by the Official respondents and for initiation of a fresh process to fill up the ten (10) vacancies by adhering to the quota meant for LDE, promotion and direct recruitment as per the Rules of 2008.
5. Besides the above, the petitioners have also sought for setting aside the Notification dated 17.11.2017 by which the posts of Divisional Accountant, Treasury Accountant and Auditor have been deleted from the feeder post of Junior
The petitioners, after their re-designation and upgradation, were no longer holding their original posts, which were feeder posts for promotion to the Junior Grade of the MF&AS under the Rules of 200....
Statutory provisions of Recruitment Rules cannot be overridden by executive or administrative instructions.
A recruitment process initiated for specific vacancies cannot be expanded to include newly created posts post-facto. Such integration is impermissible as it distorts established reservation quotas an....
The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.
Post of Senior Clerk/Assistant Treasury Accountant Qualifications - It is settled law that there is no legal right vested in candidates to be selected for appointment - Selected candidates have only ....
Point of Law : The word used in the relaxation rules is "may" and therefore, the same would mean that relaxation may be given at the discretion of the competent authority.
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
A candidate has a right to be considered in light of existing rules, which implies “rule in force” as on date consideration takes place.
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