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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ASHUTOSH KUMAR, CJ., MICHAEL ZOTHANKHUMA
H. Laldintluanga – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Ashutosh Kumar, CJ.
We have heard Ms. D.T. Azyu, learned Advocate for the petitioners; Mr. B. Deb, learned Advocate General, Mizoram, assisted by Ms. Vanneihsiami, learned Government Advocate, Mizoram for respondent Nos.1 to 5 and Mr. J.C. Lalnunsanga, learned Standing Counsel, Mizoram Public Service Commission for respondent No.6.
2. The petitioners have challenged the Mizoram Public Works Department (Group-B Posts) Recruitment Rules, 2022 (hereinafter to be referred as the “Rules of 2022”), wherein for filling up the posts of Junior Engineer (Civil), the educational qualification has been fixed at HSLC with 3(three) years Diploma in Civil Engineering from a Government recognized Institute. The challenge has been laid by the petitioners, who are graduates in Civil Engineering having secured their respective degrees from a recognized University/ Institution.
3. The reason for the challenge is that pursuant to the Rules of 2022, which supersedes the earlier Rules of 2017, namely, Mizoram Public Works Department (Group-B Posts) Recruitment Rules, 2017, an advertisement was floated by the Mizoram Public Service Commission (MPSC) for filling up of 10(ten) posts of Junior Enginee
The court upheld the constitutionality of recruitment rules that limit eligibility to diploma holders, finding the exclusion of graduates justifiable for maintaining service stability and effective d....
The court upheld the constitutionality of recruitment rules limiting Junior Engineer positions to diploma holders, determining that excluding higher qualification holders does not violate constitutio....
Appointment on Post of Junior Engineer (Electrical) – Minimum qualification for the post cannot be deemed to be only matriculation but rather that only such of those matriculates, or 10+2 pass studen....
The main legal point established in the judgment is the interpretation of the conflict between the Special Rules and Section 25(b) of the Act, and the court's finding that the fiction under Section 2....
R & P Rules for post clearly provide for recognition of qualification and not higher qualification.
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