Page No.# 1/17 GAHC030003762023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/85/2023 Sh. MC Laltlanliana and 8 Ors. S/o Bualnghinga (L) R/o ITI Veng, Aizawl. 2: K. Lallawmzuala 3: R. Lalchungnunga 4: R. Lalthanliana 5: V. Lalrintluanga 6: F. Ramengmawia 7: Lalrinchhana 8: Zonunmawia Ralte 9: John Lalpianmawi VERSUS State of Mizoram and 52 Ors. R/b the Secretary to the Govt. of Mizoram, Health and Family Welfare Dept., Aizawl, Mizoram. 2:Secretary to the Govt. of Mizoram Page No.# 2/17 Dept. of Personnel and Administrative Reforms 3:Principal Director Health and Family Welfare Dept. 4:Secretary to the Govt. of Mizoram Finance Dept. 5:Mizoram Subordinate Staff Selection Board 6:Sh. Lalramnunmawia 7:Melody Lalthansangi 8:Lalliankimi 9:Lalhmingsanga 10:Lalchawimawii 11:H. Darchhuanthangi 12:Lalzarzovi 13:C. Hmangaihchangliana 14:Lalhlimpuii Colney 15:Lalramnghaki 16:Helory Lalnunmawii 17:R. Vanlalchhanhima Page No.# 3/17 18:C. Lalropuii 19:Malsawmdawngliani 20:Malsawmkimi 21:Lalzarmawii Hrahsel 22:T. Malsawmtluangi 23:Lalchawimawii 24:Lalrinsanga Lushai 25:Lalhriatpuia 26:Lalthlamuani Ralte 27:Lalmuanpuii 28:K. Lallawmawmi 29:Laltlanzovi 30:Venus Zonunpari 31:Lalliantuaii 32:C.Vanlalhruaii 33:Emely Lalhlimpuii Page No.# 4/17 34:C.Lalrinkimi 35:F. Lalhmangaiha 36:Samuela 37:R.C. Zohmingthangi 38:Lalthanmawia 39:Lalhruaitluanga 40:P. Lalrinmawii 41:Laltlanthangi 42:B.Lalhlunchhungi 43:Lalsangzuali Sailo 44:Rochuangkimi Zadeng 45:C.Lalthuampuii 46:K.Lalhmingsanga 47:F.Lalrokungi 48:Samuel R.Lalkohbika 49:C.H. Thangi Page No.# 5/17 50:T.Lalrammawia 51:Lalnunpuii 52:Lalngaihdama 53:Mizoram Public Service Commission r/b the Secretar Advocate for the Petitioner : Mr F Lalengliana Advocate for the Respondent : Addl. AG/GA, Mizoram for R1-4 Linked Case : I.A.(Civil)/73/2025 Sh. Lalramnunmawia and 46 Ors. S/o C. Thankhara R/o Ramhlun South Aizawl. VERSUS Sh. MC. Laltlanliana and 14 Ors. S/o Bualnghinga R/o ITI Veng Aizawl. Advocate for the Petitioner : Ms Dinari T Azyu Advocate for the Respondent : Mr F Lalengliana for R1-9 BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG JUDGEMENT Date : 27-06-2025 Page No.# 6/17 Heard Mr. F. Lalengliana, learned counsel for the petitioners. Also heard Mr. Victor L. Ralte, learned counsel for the private respondents Nos. 6 to 52, Mr. J.C. Lalnunsanga, learned standing counsel for MPSC/respondent No. 53 and Mrs. Mary L. Khiangte, learned Government Advocate for the State respondents Nos. 1 to 4. 2. The instant writ petition filed under Article 226 of the Constitution of India is against the notification dated 14.06.2023 issued by the respondent No. 5 (Chairman, Mizoram Subordinate Services Selection Board), which is the result of the LDE and the subsequent promotion and posting notification dated 11.07.2023 issued by the respondent No. 1 promoting the private respondent Nos. 6 to 52, to the post of Health Supervisor under the Health & Family Welfare Department. 3. The case of the petitioners is that they are presently working as Health Worker (Male) under the Health & Family Welfare Department. On 05.11.2021, the respondent authority had issued a letter, which is an approval for filling up the post of Health Supervisor (Male and Female) wherein, 22 numbers of Health Supervisor (Male) posts are to be filled up by way of Limited Departmental Examination and 25 numbers of Health Supervisor (Female) posts were also to be filled up by Limited Departmental Examination. Thereafter, on 06.01.2022, the respondent No. 5 issued the notification for conducting Limited Departmental Examination (LDE) for filling up of 22 vacant posts of Health Supervisor (Male) and 25 vacant posts of Health Supervisor (Female) at Level-6 (Rs. 35,400-Rs. 78,800) in the Pay Matrix under Health & Family Welfare Department. The Health Workers having not less than 5 years Regular Services in the grade were to submit their willingness using a common application form Page No.# 7/17 to the respondent No. 5 (Mizoram Subordinate Services Selection Board) till 04.02.2022 along with a payment of Rs. 150/- towards examination fee. Thereafter, notification dated 26.05.2022 was issued by respondent No. 5, which is the time table of the Limited Departmental Examination for filling up of 22 Male and 25 Female vacant posts of Health Supervisor. As per the notification, the examination was scheduled to be held on 28th & 29th June, 2022. However, when the result was declared in the impugned notification dated 14.06.2023, 47 candidates were declared to be qualified, out of which 14 candidates were males and 33 candidates were females. In pursuant to the said notification dated 14.06.2023, the respondent had also issued the impugned order dated 11.07.2023 for promotion and posting of the private respondent Nos. 6 to 52. Aggrieved by the said impugned notifications, the instant writ petition has been filed. 4. Mr. F. Lalengliana, learned counsel for the petitioners submitted that in the letter dated 05.11.2021, issued by the Under Secretary, Health & Family Welfare Department, addressed to the Director of Health Services, Mizoram, it was clearly stated that the Government had approved the filling up of post of Health Supervisor in Level-6 of the Pay Matrix for Male Health Supervisor, 22 numbers of posts and Female Health Supervisor for 25 numbers of posts, the total being 47 numbers by way of LDE. However, when the result was declared vide the impugned notification dated 14.06.2023, 14 numbers of Male candidates and 33 numbers of Female candidates were declared to be qualified for promotion to Health Supervisor. 5. The learned counsel for the petitioner submitted that the manner in which Page No.# 8/17 the respondent No. 5 notified the result of the Limited Departmental Examination (LDE) dated 14.06.2023 is not in accordance with the initial approval made by the respondent authority dated 05.11.2021. He submitted that the respondent No. 5 without any show cause had declared 33 numbers of female candidates to be qualified for promotion to Health Supervisor, which exceeded the 25 numbers of vacant posts of Health Supervisor (Female) as initially approved. He submitted that though the concerned authority had approved filling up of 22 vacant post of Health Supervisor (Male) only 14 numbers of male candidates were promoted and thus, the petitioners who were entitled to be promoted as Health Supervisor (male) considering their order of merit, have been deprived of being promoted, since 8 vacant posts which was duly approved for Health Supervisor (Male) have been filled up by Health Supervisor (Female). The learned counsel thus submitted that the manner in which the result of the Limited Departmental Examination dated 14.06.2023 for filling up of 47 vacant posts for promotion to Health Supervisor (male) and Health Supervisor (female) is against the earlier approval order/letter dated 05.11.2021 and the subsequent notification dated 06.01.2022 and 26.05.2022. 6. The learned counsel further submitted that this High Court in WP(C) No. 108/2021 dated 09.06.2023 had disposed of the writ petition for maintaining common seniority under the Recruitment Rules, 2011, however, no genuine common seniority list was notified by the concerned Department wherein the impugned order dated 14.06.2023 declaring the LDE result by the respondent No. 5 was issued after the disposal of the WP(C) No. 108/2021. The learned counsel further submitted that the initial approval letter dated 05.11.2021 and the notification dated 06.01.2022 notifying the Limited Departmental Page No.# 9/17 Examination for filling up of 22 vacant posts of Health Supervisor (male) and 25 vacant posts of Health Supervisor (female) to be conducted by the Mizoram Subordinate Services Selection Board were not put to challenge in the Writ Petition No. 108/2021. The learned counsel also submitted that since the approval letter dated 05.11.2021 and the notification dated 06.01.2022 have not been put to challenge, the respondents have wrongfully appointed 33 numbers of female candidates to the post of Health Supervisor, thereby, exceeding the approved 25 vacant posts of Health Supervisor (Female). 7. The learned counsel thus prayed for the appointment of the petitioners who are at Serial Nos. 49, 50, 51, 52, 56, 57, 58 & 59 in the Limited Departmental Examination result/ as per merit and accordingly, allotted them the 8 extra posts which were wrongly given to the female candidates, which is against the earlier advertisement/notifications issued by the respondent No. 5. which is for the posts of 25 vacant posts of Health Supervisor (Female) and the State respondents had erred in appointing 33 numbers of Health Supervisor (Female). In support of his submissions, the learned counsel has relied on the judgments of the Apex Court in the case of (i) Mahesh Chandra Verma & Ors. Vs. State of Jharkhand & Ors., reported in (2012) 11 SCC 656, (ii) Prem Singh & Ors. Vs. Haryana State Electricity Board & Ors., reported in (1996) 4 SCC 319, (iii) State of Bihar & Anr. Vs. Madan Mohan Singh & Ors., reported in 1994 Supp (3) Supreme Court Cases 308, (iv) Mukul Saikia & Ors. Vs. State of Assam & Ors., reported in (2009) 1 SCC 386 and (v) State of J&K & Ors. Vs. Sanjeev Kumar & Ors., reported in (2005) Page No.# 10/17 4 SCC 148. 8. Per contra, Mr. Victor L. Ralte, learned counsel for the private respondents Nos. 6 to 52, submitted that though the State respondents had issued the notification dated 06.01.2022 for filling up the post of Health Supervisor through Limited Departmental Examination, out of which 22 posts is for Male and 25 posts for Female, however, prior to the notification dated 06.01.2022, a writ petition was filed being numbered as WP(C) No. 108/2021 on 12.11.2021, wherein it was prayed for a direction to make a common seniority list of female and male Health Workers, inasmuch as, the Mizoram Health & Family Welfare Department (Group ‘C’ post) Recruitment Rules, 2011 as well as the Mizoram Health & Family Welfare Department (Group ‘B’ post) Recruitment Rules, 2011 does not make any classification of Health Workers or Supervisors respectively into male and female. 9. The learned counsel submitted that in the order of this Court in WP(C) No. 108/2021 dated 02.02.2022, it was held that any promotion made to the post of Health Supervisor and Community Health Officer shall be subject to the outcome of the writ petition. During the pendency of the said writ petition, the State respondents had issued the notification dated 06.01.2022 and 26.05.2022 for filling up of 47 vacant posts of Health Supervisor through LDE, wherein 22 posts were for Health Supervisor (Male) and 25 vacant posts of Health Supervisor were for Female. However, this Court vide its order dated 23.06.2022 in the connected I.A.(C) No. 97/2022 A/o WP(C) No. 108/2021 had passed an order, withholding the result of the said LDE till the disposal of the Writ Petition while allowing the selection process to continue. Thereafter, WP(C) No. Page No.# 11/17 108/2021 was allowed and disposed of vide order dated 09.06.2023, wherein it was held that there cannot be a separate seniority list of Male and Female Health Workers on the basis of posts creation by the Government in the absence of such classification of Male and Female Health Workers in the Mizoram Health & Family Welfare Department (Group ‘B’ post) Recruitment Rules, 2011 and in the Mizoram Health & Family Welfare Department (Group ‘B’ post) Recruitment (Amendment) Rules, 2017. This Court had directed the State respondents to maintain a common inter-se-seniority list of Male and Female for the purpose of promotion to the post of Health Supervisor. The order dated 09.06.2023 in WP(C) No. 108/2021 was challenged before the Division Bench, wherein this Court in Writ Appeal No. 4/2023 had dismissed the appeal vide order dated 19.07.2023. That in view of of the above, the ‘Doctrine of Merger’ would apply in this case. 10. The learned counsel for the private respondents thus submitted that since no further appeal has been preferred, the order dated 09.06.2023 in WP(C) No. 108/2021 has attained its finality, wherein, it is held that there can be no classification of posts for Male and Female workers since the concerned Rules do not provide for the post of Health Supervisor (Male) and Female Supervisor (Female). The learned counsel for the private respondents thus submitted that consequent upon the disposal of the writ petition, the respondent authority concerned had issued the result of the LDE vide office order dated 11.07.2023 by promoting 47 Health Workers to the post of Health Supervisor, duly arrayed as respondent Nos. 6 to 52 in the instant writ petition. 11. The learned counsel also submitted that the selection and promotion of the Page No.# 12/17 private respondents to the post of Health Supervisor by way of LDE against the 47 vacant posts has been made on the basis of the overall merit list without any classification in terms of Male and Female. He submitted that in the said advertisement dated 06.01.2022, wherein the classification of posts was made for Male and Female, is not as per the existing Recruitment Rules, 2011 and is also against the order dated 09.06.2023 in WP(C) No. 108/2021. He further submitted that the petitioners and the private respondents were having equal opportunity in appearing in the LDE as per the requirement on Article 14 of the Constitution and there was no arbitrariness on the part of the State respondents. The learned counsel also submitted that even if there was an advertisement for filling up the post of Health Supervisor (Male) and Health Supervisor, (Female) and though previously it was held that the rules of the game cannot be changed after the game has started, however the Apex court recently has held that, if the rules permit so, it can be changed in the mid way. In support of his submissions, the learned counsel has relied on the judgment of the Apex Court in Tej Prakash Pathak & Ors. Vs. Rajasthan High Court & Ors., reported in (2025) 2 SCC 1 (para 51, 65, 65.5). 12. The learned counsel also submitted that the instant writ petition is basically a challenge over the 8 numbers of posts already filled up by some of the private respondents and as such, the instant writ petition challenging the entire selection process which have affect all the private respondents is illogical, improper and illegal. He thus submitted that the promotion of all the private respondents cannot be challenged except those 8 Female promotes in the office notifications dated 14.06.2023 and 11.07.2023 and therefore the writ petition Page No.# 13/17 challenging the promotion of all the private respondents is liable to be dismissed. He thus submitted that there is no requirement to interfere with the promotion order dated 11.07.2023 which is in consonance with the existing Recruitment Rules and as per the order of this Court in WP(C) No. 108/2021 dated 09.06.2023. 13. Mr. J.C. Lalnunsanga, learned standing counsel for the MPSC submitted that Mizoram Subordinate Services Selection Board is no longer in existence and has become defunct. He submitted that he is representing the MPSC/ respondent No. 53 and submitted that he will be adopting all the submissions made by the learned counsel for the private respondents. He further submitted that the State respondents have acted in compliance with the order of this Court in WP(C) No. 108/2021 by declaring the results of the Limited Departmental Examination only after the pronouncement of the Judgment, wherein this Court had clearly stated that a common inter-se-seniority list for Male and Female of Health Workers has to be maintained and therefore, maintaining a separate quota on gender basis has to be done away with. 14. Mrs. Mary L. Khiangte, learned Government Advocate for the State respondent Nos. 1 to 4 submitted that the State Government fully adopts the submissions made by the learned counsel for the private respondent Nos. 6 to 52 and also submitted that the selected candidates have now joined their place of posting and transfer on being promoted to the post of Health Supervisor by the competent authority as per the order dated 11.07.2023 and therefore, it would amount to travesty or absurdity of law if they are reverted to their previous post. The learned Government Advocate has relied on the judgment of Page No.# 14/17 a coordinated bench of this court in N. Asangba & Ors. Vs. State of Nagaland & Ors., reported in 2017 (3) GLT 486 (para 9). The learned Government Advocate also submitted there are no grounds for interfering with the impugned order dated 11.07.2023 which is in compliance with the order of this Court in WP(C) No. 108/2021 and that a common seniority list has also been issued as per the judgment dated 09.06.2023. 15. I have considered the submissions made by the learned counsels for both the parties and have also perused the documents placed on record. 16. It is seen that even though the concerned authority in it’s letter dated 05.11.2021, had approved the filling up of post of Health Supervisor in Level-6 of the Pay Matrix for Male Health Supervisor, 22 numbers of posts and Female Health Supervisor for 25 numbers of posts, the total being 47 numbers by way of LDE, however, this is not as per the existing Mizoram Health & Family Welfare Department (Group ‘B’ post) Recruitment Rules, 2011 as well as the Mizoram Health & Family Welfare Department (Group ‘C’ post) Recruitment Rules, 2011, wherein there is no mention of a separate post for Male or Female to the post of Health Workers (Group ‘B’) and Health Supervisor (Group ‘C’) and for the same reason a Coordinate bench of this court in Court in WP(C) No. 108/2021 dated 09.06.2023 had allowed the writ petition which was filed by the private respondents on 12.11.2021, seeking a direction to the State respondents to maintain a common inter-se-seniority list of Male and Female workers by contending that the Mizoram Health & Family Welfare Department (Group ‘C’ post) Recruitment Rules, 2011 does not classify Health Workers into Male & Page No.# 15/17 Female Health Workers. It is also seen that during the pendency of the WP(C) No. 108/2021, the respondent authority vide notifications dated 06.01.2022 and 26.05.2022, had notified for conducting Limited Departmental Examination (LDE) for filling up of 22 vacant posts of Health Supervisor (Male) and 25 vacant posts of Health Supervisor (Female) in terms of a letter of approval dated 05.11.2021, which was an approval for filling up of the posts of Health Supervisor (Male & Female). The notification dated 26.05.2022, is for filling up 22 male and 25 female vacant posts of Health Supervisor by holding a Limited Departmental Examination (LDE) on 28th& 29th June, 2022 at Hrangbana College. An Interlocutory Application registered as IA(C) No. 97/2022 in WP(C) No. 108/2021, was however filed for the stay of the notification dated 26.05.2022 which was disposed of by observing that in view of the order passed on 02.02.2022 in the main WP(C) No. 108/2021, while the selection process may continue in terms of the notification No. A.12033/09/21-MSSSB dated 26.05.2022 issued by the Secretary-cum-Controller of Examination and SPIO, Mizoram Subordinate Services Selection Board, Mizoram, the final result of the said selection process should not be published without the approval of this Court.” It is seen that this court in it’s order dated 02.02.2022 in WP(C) No. 108/2021, at its motion stage had ordered that any promotion made to the post of Health Supervisor and Community Health Officer shall be subject to the outcome of the writ petition. Accordingly it was after the pronouncement of the aforesaid judgment dated 09.06.2023 that the impugned notification dated 14.06.2023 and 11.07.2023 were issued. The writ appeal registered as WA No. 4/2023 against the judgment dated 09.06.2023 in WP(C) No. 108/2021 was also Page No.# 16/17 dismissed on 19.07.2023. 17. Thus in view of the above, this court finds that there cannot be a separate classification of Health Supervisor (Male) and Health Supervisor (Female) which is not provided for in the applicable recruitment rules and therefore this court is of the considered view that there is no infirmity in the notifications dated 14.06.2023 issued by the respondent No. 5 (Chairman, Mizoram Subordinate Services Selection Board), which is the result of the LDE and the subsequent promotion and posting order dated 11.07.2023 issued by the respondent No. 1 promoting the private respondent Nos. 6 to 52, to the post of Health Supervisor list under the Health & Family Welfare Department which is as per their performance in the LDE, wherein both the male and female candidates were given the fair and equal opportunities to participate in the Limited Departmental Examination (LDE). This court finds that the decision of the Apex court in Tej Prakash Pathak & Ors. Vs. Rajasthan High Court & Ors. (Supra), is aptly applicable in the instant case wherein it has held that (quote): “65.5 Extant Rules having statutory force are binding on the recruiting body both in terms of procedure and eligibility. However, where the rules are non- existent, or silent, administrative instructions may fill in the gaps;” 18. This court also finds that the cases cited by the learned counsel for the petitioner in State of J&K & Ors. Vs. Sanjeev Kumar & Ors.,(supra), Mahesh Chandra Verma & Ors. Vs. State of Jharkhand & Ors. (supra) and State of Bihar & Anr. Vs. Madan Mohan Singh & Ors. (supra) relates Page No.# 17/17 to filling up of posts for further vacancies which are not applicable in the instant case and like- wise the facts and circumstances of the case in Prem Singh & Ors. Vs. Haryana State Electricity Board & Ors. (supra), and Mukul Saikia & Ors. Vs. State of Assam & Ors. (supra), are found different and not applicable in the instant case. 19. For the aforesaid reasons, as discussed above, this court finds that the petitioners have not made out a case for setting aside the impugned Notification dated 14.06.2023 issued by the respondent No. 5 (Chairman, Mizoram Subordinate Services Selection Board), and the subsequent promotion and posting order dated 11.07.2023 issued by the respondent No. 1 promoting the private respondent Nos. 6 to 52, to the post of Health Supervisor under the Health & Family Welfare Department. Accordingly, WP(C) No. 85 of 2023 is dismissed and stands disposed of. JUDGE Comparing Assistant