THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MRIDUL KUMAR KALITA, J.
Sh. FC. Hmingthanmawia and Ors. S/o FC Lalmuana - Appellant
Versus
The State of Mizoram r/b the Chief Secretary to the Govt. of Mizoram and Ors. - Respondent
WP(C) No. 94 of 2025
Decided On : 13-02-2025
| Table of Content |
|---|
| 1. eligibility requirements for surveyor qualification. (Para 2 , 3 , 4 , 9) |
| 2. statutory rules must guide eligibility. (Para 5 , 6 , 19) |
| 3. constitutional provisions on eligibility criteria. (Para 10 , 11 , 17) |
| 4. executive clarification cannot override statutory rules. (Para 12 , 18 , 21) |
| 5. estoppel does not apply due to illegality. (Para 15 , 16 , 27) |
| 6. interpretation of statutory provisions requires plain meaning. (Para 28 , 31 , 33) |
| 7. court's decision dismissing the writ petition based on merit. (Para 36 , 37) |
JUDGMENT & ORDER :
(Mridul Kumar Kalita, J.)
1) Heard Mr. A R Malhotra, the learned counsel for the petitioners. Also heard Ms. Linda L Fambawl, the learned Addl. Advocate General appearing for respondent Nos. 1 to 3, Mr J.C. Lalnunsanga, learned counsel appearing for respondent Nos. 4 & 5 as well as Mr. Joseph L Renthlei, learned counsel appearing for respondent Nos. 6 to 17.
2) This writ petition under Article 226 of the Constitution of India has been filed by the petitioners, namely, F C Hmingthanmawia & 19 Others praying for issuance of writ in the nature of mandamus, certiorari and/or any other appropriate writ(s)/directions or order. The petitioners have impugned the notification bearing Memo No. TECHNICAL/1/2024-MPSC(CON) dated 08.07.2025 as well as notification bearing Memo No. TECHNICAL/1/2024- MPSC(CON) dated 10.07.2025 as well as notification bearing Memo No. TECHNICAL/1/2024-MPSC(CON) dated 30.07.2025, whereby, the respondent Nos. 6 to 17 were recommended for appointment to the post of Surveyor under the Land Revenue & Settlement Department, Govt. of Mizoram, along with other selected candidates.
3) The facts relevant for consideration of the instant writ petition, in brief, are that the respondent No. 5, namely, The Controller of Examination, MPSC, MINECO, Khatla, Aizawl had issued an advertisement bearing No. 5/2024- 2025 on 09.07.2024 for recruitment to a number of different posts under different departments of the Government. The said advertisement also included 15 posts of Surveyor, out of which one post was reserved for PWbD (People with Benchmark Disabilities). The educational qualification required for the post of Surveyor as stated in the advertisement was “Bachelor’s Degree who have completed 1 (One) year survey course”.
4) The Petitioners, being graduates and having completed one year survey course from Government recognised university, had applied for the said post pursuant to the advertisement. However, they were not selected for interview after appearing in the written examination.
5) Mr. A. R. Malhotra, the learned counsel for the petitioners has submitted that the Secretary to the Govt. of Mizoram, DP&AR, Aizawl (respondent No. 3) by Notification No. A. 12018/10/2014-P&AR(GSW) dated 09.11.2021, in exercise of powers conferred under Article 309 of the Constitution of India, had made rules regulating the method of recruitment to the post of Surveyor under the Land Revenue & Settlement Department, Govt. of Mizoram. The said rules are known as Mizoram Land Revenue & Settlement Department (Group ‘B’ post) Recruitment Rules, 2021 ( hereinafter referred to as the Recruitment Rules, 2021).
6) He submits that as per column No. 7 of the Schedule to the said rules, the educational qualification and other qualifications required for direct recruitment to the post of Surveyor is given as below:-
“i) Bachelor’s degree from a recognized University who have completed at least 1 (one) year survey course from any Government recognized institution.
ii) Basic knowledge of computer application equivalent to course on Computer Concepts (CCC) of National Institute of Electronics and Information Technology (NIELIT)_or Diploma in Computer Application/Certificate in Computer Application from institutions recognized by the Mizoram State Council of Technical Education or such other courses of the level as determined by the Government from time to time.
iii) Working knowledge of Mizo language at least Middle School
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