THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ASHUTOSH KUMAR,CJ., ARUN DEV CHOUDHURY
Lalhriatpuii, Daughter of C. Lalsawivela – Appellant
Versus
Gauhati High Court, represented by the Registrar General – Respondent
| Table of Content |
|---|
| 1. establishing the factual history, recruitment notifications, and supreme court directives impacting the mizoram judicial service cadre. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. parties' conflicting contentions regarding recruitment rules, vacancy classification, and the impermissibility of filling future vacancies via existing recruitment. (Para 13 , 14 , 15 , 16 , 19) |
| 3. judicial assessment on the criteria for 'future vacancies' and maintainability of writ petitions challenging administrative recruitment actions. (Para 17 , 18 , 20 , 21 , 22) |
| 4. final order quashing improper clubbing of vacancies and limiting recruitment to anticipated vacancies. (Para 23 , 24 , 25) |
Judgment :
Ashutosh Kumar, CJ.
The challenge in this writ petition by 4(four) serving Judicial Officers of Mizoram Judicial Service is to the issuance of a Notification dated 17.11.2025 by the Registrar (Vigilance)-cum-In-charge, Recruitment Cell, Gauhati High Court, clubbing 1(one) vacancy/ post arising out of the 2(two) newly created posts of Grade-I Mizoram Judicial Service through the process of direct recruitment, which had already been initiated vide advertisement dated 21.05.2025,
Prem Singh & Ors. -Vs- Haryana State Electricity Board & Ors
(1) Appointments cannot be made over and above clear and anticipated vacancies which have been advertised even though Public Service Commission may have prepared a longer merit list than it was requi....
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....
Merely being included in a select list does not provide an indefeasible right to appointment; the State can regulate vacancies as per policy needs, provided there is no arbitrariness.
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