IMPORTANT POINT
Absorption of a Principal without following proper recruitment rules and amendments is illegal and must be set aside.

JUDGMENT :

Marli Vankung, J.

Heard Mr. Victor L. Ralte, learned counsel for the appellant along with Mrs. Mary L. Khiangte, learned Government Advocate for the State respondents. None appeared for the private respondent No. 6, though notice was deemed to be served vide this Court’s Order dated 07.02.2024.

2. The present writ appeal is challenging the judgment and order passed by the learned Single Judge in Writ Petition No. 131/2021, wherein the learned Single Judge had dismissed the writ petition.

3. The case of the appellants/petitioners in WP(C) No. 131/2021 was that they had 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 now the senior-most Lecturers in the Selection Grade. As per the Mizoram School Education Department (Group ‘A’ Posts) Recruitment Rules, 2017 (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 appellants/petitioners, these are the only two methods for recruitment to the post of Principal of Govt. Higher Secondary School. Meanwhile, in a Notification dated 10.07.2018, pursuant to the decision of the Council of Ministers held on 04.06.2018 & 12.06.2018, C. Zakhuma Higher Secondary School, Kolasib was taken over by the Govt. of Mizoram. The notification dated 10.07.2018 also provided that, post creation, absorption of existing staff, etc. involving financial implication will be done later subject to the approval of the DP&AR (ARW) and Finance Department. Thus, 16 posts in all, including one post of Principal was approved by the DP&AR (ARW) and Finance Department vide notification dated 27.09.2018. However, the State respondents, had filled up the incumbents of the school against posts which are suitable, particularly 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 without obtaining the approval for absorption from the DP&AR and the Finance Department vide the Notification dated 29.05.2019. The absorption of the respondent No. 6 was done without considering the case of the petitioners who are the eligible Senior Grade or Selection Grade Lecturers, wherein there was no provision for the post of Principal Government Higher Secondary School to be filled up by way of absorption. Therefore, the case of the petitioners was that the absorption of the private respondent No. 6, vide Notification dated 29.05.2019 being not sustainable should be set aside.

4. It was also the case of the petitioners that the Mizoram Middle School and High Schools (Provincialisation) Rules, 1994 (Provincialization Rules of 1994) provides that the existing incumbents of the provincialized schools shall be absorbed into Government service in suitable ranks or grades with effect from the date of provincialization, subject to suitability or appointment in Government service in consonance with the corresponding and relevant Recruitment Rules framed by the Department concerned. The