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2025 DAILYLAW 13962 (GAU)

MS ABIGAIL HMINGTHANPARI v. THE GAUHATI HIGH COURT AND ORS

I.A.(Civil)/1878/2025 · 2025-06-10

Acting, N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010124922025 2025:GAU-AS:7577- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1878/2025 MS ABIGAIL HMINGTHANPARI D/O LT V L TINBIAKA, RESIDENT OF A3 52 MISSION VENGTHLANG AIZWAL PO KULIKAWN PS KULIKAWN MIZORAM PIN 796005 VERSUS THE GAUHATI HIGH COURT AND ORS REPRESENTED BY THE REGISTRAR GENERAL GAUHATI HIGH COURT GUWAHATI KAMRUP METRO ASSAM 2:THE REGISTRAR GAUHATI HIGH COURT AIZWAL BENCH AIZWAL MIZORAM 796001 3:THE REGISTRAR VIGILANCE CUM IN CHARGE RECRUITMENTR CELL GAUHATI HIGH COURT GUWAHATI KAMRUP METRO ASSAM 781001 4:THE SECRETARY TO THE GOVT OF MIZORAM LAW AND JUDICIAL DEPARTMENT AIZAWL MIZORAM 79600 Advocate for the Petitioner : MR. R M DEKA, MR. TANUZ KASHYAP,MR. D J DAS,MS N MAHANTA,MR. K N CHOUDHURY Advocate for the Respondent : SC, GHC, GA, MIZORAM Page No.# 2/3 BEFORE HON’BLE THE CHIEF JUSTICE (ACTING) MR. LANUSUNGKUM JAMIR HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR O R D E R 11.06.2025 (L.S. Jamir, CJ [Acting]) Heard Mr. K.N. Choudhury, learned senior counsel assisted by Ms. N. Mahanta, learned counsel for the applicant. Also heard Mr. T.J. Mahanta, learned senior counsel and Standing Counsel, Gauhati High Court for the opposite party Nos. 1, 2 and 3 and Ms. P. Bhattacharya, learned Additional Advocate General, Mizoram for the opposite party No.4. 2. The applicant as writ petitioner filed WP(C) No.2271/2025 praying for setting aside the decision making process of the opposite parties in cancelling her appointment to Grade-I of the Mizoram Judicial Service. 3. By the present application, the applicant is praying for stay of the operation of the Advertisement No.HC.XXXVII-41/2025/155/R. Cell dated 21.05.2025 issued by the Registrar (Vigilance) cum In-charge, Recruitment Cell, Gauhati High Court, Guwahati for filling up 02(two) vacant posts (01 existing + 01 anticipated) of Grade-I of Mizoram Judicial Service in so far as it concerns filling up of one number of existing post of Grade-I, Mizoram Judicial Service. 4. On a consideration of the Advertisement dated 21.05.2025, particularly Clause-5(xviii), we find that there is already a provision providing that the result of the recruitment process shall be subject to the outcome of any litigation, if so pending. Page No.# 3/3 5. In that view of the matter, we are of the considered opinion that the applicant/writ petitioner is already protected and therefore, no further order is required in the present interlocutory application. 6. Interlocutory application is accordingly disposed of. JUDGE CHIEF JUSTICE (ACTING) Comparing Assistant