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Sh. A. Lalrinawma and 18 Ors. v. Lai Autonomous District Council (LADC) and 3 Ors.

Court: Gauhati High Court

Bench: HONOURABLE MR. JUSTICE NELSON SAILO

Judgment date:

Case summary

Gauhati High Court judgment dated 2024-02-25. Sh. A. Lalrinawma and 18 Ors. v. Lai Autonomous District Council (LADC) and 3 Ors. Read the judgment and case...

Judgment text

Page No. # 1/6 GAHC030002232022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/112/2023 Sh. A. Lalrinawma and 18 Ors. S/o A. Koichangrai R/o Kawrthindeng Lawngtlai District Mizoram 2: Sh. Bama Chondro S/o Sidarai R/o Tuisentlang Lawngtlai District Mizoram 3: Sh. T. Zirhmingliana S/o T. Chhuankhupa R/o Mautlang Lawngtlai District Mizoram 4: Sh. Lalnuntluanga S/o H. Chalkhuma R/o Chawnhu Lawngtlai District Mizoram 5: Sh. Nabin Kumar S/o Anirudra R/o Jognasury Lawngtlai District Mizoram 6: Smt. T. Lalbiakngeni D/o Piangala R/o Hmunlai Lawngtlai District Page No. # 2/6 Mizoram 7: Sh. Santi Moy S/o Purno Kumar R/o Bolisora Lawngtlai District Mizoram 8: Sh. FC Kawnga S/o Chungliana R/o Sumsilui Lawngtlai District Mizoram 9: Sh. Sadhan Kumar Chakma S/o Dino Muni Chakma R/o Sumsilui Lawngtlai District Mizoram 10: Sh. Anonto Dey S/o Grita Ranjan R/o Sakeilui-2 Lawngtlai District Mizoram 11: Sh. B. Lalthangena S/o B.

Chuandoa R/o Mautlang Lawngtlai District Mizoram 12: Sh. Lalrinpuia S/o Nitirai R/o Saibawh Lawngtlai Mizoram 13: Sh. Zodinpuia S/o Rangkiha R/o Lunghauka Lawngtlai District Mizoram 14: Sh. Proboth Kumar S/o Banuaram R/o Sumsilui Lawngtlai District Page No. # 3/6 Mizoram 15: Sh. Lalrinmawia S/o Thandarai R/o Zochachhuah Lawngtlai District Mizoram 16: Sh. C. Biakthanpuia S/o C. Dohmunga R/o Ngengpuitlang Lawngtlai District Mizoram 17: Sh. Robichand S/o Mandarai R/o Saibawh Lawngtlai District Mizoram 18: Sh. JC Thanga S/o Saithatngura R/o Vathuampui Lawngtlai District Mizoram 19: Smt. Huanmawikimi D/o R. Zawlsuakngura R/o Chamdurtlang-I Lawngtlai District Mizoram VERSUS Lai Autonomous District Council (LADC) and 3 Ors. R/b The Chief Executive Member LADC Lawngtlai Mizoram 2:The Executive Member i/c Education Lai Autonomous District Council Lawngtlai Mizoram 3:The Executive Secretary Lai Autonomous District Council Lawngtlai Page No.

# 4/6 Mizoram 4:The Education Officer Lai Autonomous District Council Lawngtlai Mizoram Advocate for the Petitioner : Mr. Joseph Lalchhanhima Renthlei Advocate for the Respondent : Mr. Lalpianfela Chawngthu for R1-R4 ORDER BEFORE HONOURABLE MR. JUSTICE NELSON SAILO 26. 02. 2024 Heard Mr. Joseph L. Renthlei, learned counsel for the petitioners. [2. ] The petitioners by filing this writ petition have sought for a direction to the respondents to consider them for absorption in terms of the relevant provision of Lai Autonomous District Council, Education & Human Resources Development (Group ‘B’ & ‘D’) Recruitment Rules, 2020. The learned counsel submits that as per the Rules of 2020, 20% of the post of Primary School Teachers have to be filled by way of absorption on the basis of seniority but instead of following the said provision, the respondent authorities have floated an Advertisement on 09. 08. 2023 prescribing certain criteria such as B.

Ed or Diploma in Elementary Education for filling up the post of Primary School Teacher and also the method of absorption through interview, which otherwise is not prescribed in the Rules Page No. # 5/6 of 2020. [3. ] Mr. Lalpianfela Chawngthu, learned counsel for the respondents submits that he has instructions to apprise the Court that the respondent authorities will be considering the case of the petitioners for absorption as per the Rules of 2020. The learned counsel submits that under the National Council For Teacher Education (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001, the minimum academic and professional qualifications has been prescribed and that the respondents will be considering the case of the petitioners in terms of the said prescription. He further submits that even in the case of those petitioners who have otherwise not obtain the required Diploma Certificate in Elementary Teachers Training etc.

, they will be given some time to acquire such qualification. [4. ] Mr. Joseph L. Renthlei, learned counsel for the petitioners submits that if such is the stand of the State respondents, the petitioners would not like to press the writ petition. He however submits that the petitioners may be granted liberty to approach this Court again in case the same is required. [5. ] Having regard to the submissions made, the writ petition stands closed as not pressed. However, the petitioners are given liberty to approach this Court once again, if so advised. Page No. # 6/6 [6. ] Writ petition accordingly stands disposed of. JUDGE Comparing Assistant

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.