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GAHC010063962026

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1834/2026

1.MS LALHRIATPUII AND 3 ORS DAUGHTER OF C. LALSAWIVELA, RESIDENT OF DAWRPUI, AIZAWL, MIZORAM. PIN 796001

2: ANDREW LALHRUAITLUANGA SON OF LATE ALBINA THANGKHUMA RESIDENT OF THAKTHING AIZAWL MIZORAM P.S KULIKAWN PIN 796005.

3: MS LALLAWMKIMI DAUGHTER OF KAWLHLUNA RESIDENT OF MISSION VENG AIZAWL

MIZORAM PS KULIKAWN PIN 796005

4: JH LALPARMAWII DAUGHTER OF JH HMANGAIHTHANGA RESIDENT OF BAWNGKAWN

AIZAWL MIZORAM PS BAWNGKAWN PIN 79601 VERSUS

1.THE GAUHATI HIGH COURT AND 3 ORS REPRESENTED BY THE REGISTRAR GENERAL, GAUHATI HIGH COURT,

GUWAHATI, KAMRUP METRO, ASSAM. PIN 781001.

2:THE REGISTRAR GAUHATI HIGH COURT AIZAWL BENCH AIZWAL MIZORAM. PIN 796001

3:THE REGISTRAR (VIGILANCE) CUM IN CHARGE RECRUITMENT CELL GAUHATI HIGH COURT GUWAHATI KAMRUP METRO ASSAM. PIN 781001.

4:THE SECRETARY TO THE GOVERNMENT OF MIZORAM LAW AND JUDICIAL DEPARTMENT AIZAWL MIZORAM. PIN 79600

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For the Petitioner(s) : Mr. K.N. Choudhury, Senior Advocate assisted by Mr. R.M. Deka & Mr. P. Gayan, Advocates.

For the Respondent(s) : Mr. T.J. Mahanta, Senior Advocate/Standing Counsel, Gauhati High Court assisted by Ms. P. Sarma, Advocate.

: Ms. P. Bhattacharya, Additional Advocate General, Mizoram.

B E F O R E –

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HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

31.03.2026 (Ashutosh Kumar, CJ)

We have heard Mr. K.N. Choudhury, learned Senior Advocate for the petitioners; Mr. T.J. Mahanta, learned Senior Advocate representing the Gauhati High Court and Ms. P. Bhattacharya, learned

Additional Advocate General, Mizoram.

4(four) serving Judicial Officers of Mizoram Judicial Service have preferred this writ petition challenging the decision of the High Court to club one of the two newly created posts/vacancies with the existing

posts for which an advertisement was issued on 21.05.2025.

The Supreme Court in All India Judges’ Association & Ors. -Vs-

Union of India & Ors. :: 2025 SCC OnLine 1184, delivered its judgment on 20.05.2025, directing all the High Courts and the State Governments to amend their Service Rules within a period of 3(three) months from the date of the judgment by increasing the quota for promotion through Limited Departmental Competitive Examination from 10% to 25% for filing up higher Judicial Service posts. The rationale was that the Limited

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Departmental Competitive Examination constitutes a separate, merit- based channel meant to give first-track promotion to deserving Judicial

Officers, independent of seniority, in general.

A day after the pronouncement of the afore-noted judgment, on 21.05.2025, the Gauhati High Court issued an advertisement for filling up 2(two) posts of Grade-I Judicial Officers under Mizoram Judicial

Service through direct recruitment from the Bar.

While the process was afoot, on 20.08.2025, the Government of Mizoram created two new Grade- I posts of Judicial Officers [one each

for Aizawl and Champai districts].

On 17.11.2025, another notification was issued on behalf of the High Court specifying that one out of the two newly created Grade-I posts in Mizoram Judicial Service would be filled through the same direct recruitment process initiated pursuant to the advertisement dated

21.05.2025.

This Court has been informed that preliminary examination for that examination has already been held on 19.09.2025 and the results have been declared vide notification dated 19.11.2025. The written

examination is now scheduled on 24.04.2026.

Mr. K.N. Choudhury, learned Senior Advocate for the appellants submits that the two newly created posts of Grade-I Judicial Officers in Mizoram Judicial Service which came into existence only after the Supreme Court judgment in All India Judges’ Association (supra) whereafter the Service Rules were finally amended vide notification dated 24.02.2026. Thus, the posts which were created post the judgment