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2025 DAILYLAW 23640 (GAU)

Sh. Vanlalawmpuia and Anr. v. The State of Mizoram r/b the Chief Secy. to the Govt. of Mizoram and 36 Ors.

I.A.(Civil)/150/2025 · 2025-11-20

Rajesh Mazumdar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/9 GAHC030005652025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/150/2025 1. Sh. Vanlalawmpuia and Anr. S/o Lalbiaknia R/o Chaltlang, Aizawl, Mizoram. 2: Sh. MS Dawnglian VERSUS The State of Mizoram r/b the Chief Secy. to the Govt. of Mizoram and 36 Ors. Aizawl. Advocate for the Petitioner : Mrs. H Lalmalsawmi Advocate for the Respondent : Addl. AG/GA, Mizoram for R1-3 Linked Case : WP(C)/94/2025 1. Sh. FC. Hmingthanmawia and 19 Ors. S/o FC Lalmuana R/o Thingsai Hnahthial District. 2: Sh. Lalchhanhima S/o Lalbiakzuala R/o Maubawk Aizawl. 3: Sh. David Lalhmangaiha Pachuau S/o Lalthanhlira R/o Venghlui Aizawl. Page No.# 2/9 4: Sh. Zoremmawia S/o Lalngilneiha R/o Kolasib Diakkawn Kolasib District. 5: Sh. H. Vanlalremruata S/o Vanlalchaka (L) R/o Kolasib Venglai Kolasib District. 6: Smt. Lalhriatzuali D/o Malsawmtluanga R/o ITI Veng Aizawl. 7: Smt. Lucy Ramnunsangi D/o PC Thanzama R/o South Sabual Mamit District. 8: Smt. Lalngaihsaki D/o Lalparliana Sailo (L) R/o Venghlui Aizawl. 9: Sh. Vanlalthlana S/o Lalbiakkima R/o Chanmari Aizawl. 10: Sh. Jacob C. Laltanpuia S/o C. Zothankima R/o Electric Veng Hnahthial Hnahthial District. 11: Sh. H. Ramtharnghaka S/o H. Thantluanga R/o Leisang Veng Serchhip Serchhip District. 12: Sh. Samuel Lalruatfela S/o K. Rosanga R/o Salem Veng Aizawl. 13: Sh. Lawmsangkima S/o RC Lalnghakliana R/o Mission Veng Aizawl. 14: Sh. B. Laldawngliana S/o B. Zirkunga R/o Hrangchalkawn Lunglei Lunglei District. Page No.# 3/9 15: Sh. Samuel Lalhmangaihzuala S/o F. Chaltianga R/o Salem Veng Aizawl. 16: Sh. H. Lalremtluanga S/o Vanromawia R/o Zotlang Veng Aizawl. 17: Sh. Isak Lalhunmawia Sailo S/o Lalhmuzuala Sailo R/o Ramthar Veng Lunglei Lunglei District. 18: Smt. Saimawii D/o Malsawmtluanga R/o ITI Veng Aizawl. 19: Sh. Zothanmawia S/o Siamkunga R/o Bethlehem Veng Aizawl. 20: Sh. Lalchhandama Pachuau S/o S. Lalmuankima (L) R/o Tanhril Veng Aizawl. VERSUS The State of Mizoram r/b the Chief Secretary to the Govt. of Mizoram and 18 Ors. Aizawl. 2:The Secretary to the Govt. of Mizoram Land Revenue and Settlement Dept. Aizawl. 3:The Secretary to the Govt. of Mizoram DP and AR Aizawl. 4:The Mizoram Public Service Commission r/b its Chairman MINECO Khatla Aizawl. 5:The Controller of Examinations Mizoram Public Service Commission MINECO Khatla Page No.# 4/9 Aizawl. 6:Sh. Lalramngheta S/o L Rochhunga Ralte R/o 153 BRTF Road Champhai Zotlang Champhai Mizoram 796321. 7:Sh. S. Zahmingthanga S/o S. Ropianga (L) R/o 49 Kawlbem Venglai Kawlbem Presbyterian English School tlang Saitual Mizoram 796290. 8:Sh. K. Lalnunsanga S/o K. Lalzarliana R/o V-34/3 Salem Veng Aizawl Mizoram 796005. 9:Smt. Lalthafamkimi D/o Lalramtiama R/o B--67 Tuikual South Tuikual South B Mual Aizawl Mizoram 796001. 10:Sh. Nangsuanpiang S/o Kham Do Pauva R/o V-75 Bawngkawn Hmar Veng Bawngkawn Aizawl Mizoram 796014. 11:Sh. C. Lalramlawma S/o C. Rinliana Page No.# 5/9 R/o 38 PHC Road Champhai Vengthar Champhai Mizoram 796321. 12:Sh. T. Vanlalzara S/o T. Thangtinkhuma R/o YA-18/1 Tatkawng Veng Chaltlang Aizawl Mizoram 796012. 13:Sh. Vanlaldika S/o Saikaia R/3 Vhn-07 Pangzawl Venghlun Hnahthial Mizoram 796571. 14:Sh. C. Lalhmangaihzuala S/o C. Malsawma R/o CNB K45 Chaltlang Lily Veng Aizawl Mizoram 796012. 15:Sh. David C. Lalawmpuia S/o Lalremruata (L) R/o B-321 Kawn Veng Darlawn Mizoram 796111. 16:Smt. PC. Lalhriatpuii D/o PC. Lalhmingthanga (L) R/o A-398 Thuampui Aizawl Mizoram 796001. Page No.# 6/9 17:Sh. Lalhumhima S/o Lalbiaknema Ro D/CH-27 Dinthar Dinthar Dam Phei Aizawl Mizoram 796001. 18:Sh. Vanlalawmpuia S/o Lalbiaknia R/o Chaltlang Aizawl. 19:Sh. MS Dawngliana S/o R. Lalnunmawia R/o Ramthar Aizawl. Advocate for the Petitioner : Mr A.R. Malhotra Advocate for the Respondent : Addl. AG/GA Mizoram for R1-3 B E F O R E HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 21.11.2025 Heard Mrs. H. Lalmalsawmi, learned counsel appearing for the applicants in this Interlocutory Application. Also heard Mr. A.R. Malhotra, learned counsel appearing for the respondent Nos. 18 to 37, Mr. Joseph L. Renthlei, learned counsel appearing for the respondent Nos. 6 to 17 and Mrs. Linda L. Fambawl, learned Addl. Advocate General appearing for the State respondents. 2. This Interlocutory Application has been filed by the applicants who had Page No.# 7/9 intervened in this writ petition and were arrayed as respondent Nos. 18 and 19. 3. It is submitted that originally the applicants had not been arrayed in the writ petition as respondents. The two applicants in this IA submit that the interim order dated 14.08.2025 had been passed by this Court restraining the respondent authorities from making any appointment, on the ground that the respondents did not have the qualification of a one year Survey course from any Government Recognized Institution, amongst other qualifications for the person being appointed to the post of Surveyor, as given in the Recruitment Notice. 4. The learned counsel for the applicants has submitted that these two applicants, who were arrayed as the candidate Nos. 9 and 12 in the impugned Notification dated 30.07.2025, have the requisite qualification of two years course under the Mizoram Council for Vocational Training and as such the ground taken in the writ petition would not be applicable to the present applicants. 5. Mr. A.R. Malhotra, learned counsel on his usual fairness submits that since these two applicants were having the required qualification of a minimum one year Survey course from a Government Recognized Institution, they were not arrayed as respondents in the writ petition. He has submitted that there would be no objection for allowing the appointment of the applicants, subject to outcome of the writ petition. 6. The learned counsel appearing for the respondent Nos. 6 to 17 has Page No.# 8/9 submitted that there would be no objection for allowing this Interlocutory Application for appointment of the applicant Nos. 1 and 2, keeping the same subject to the outcome of the writ petition, since some of the opposite party have been arrayed higher in the select list published by the respondent authorities. 7. The learned counsel appearing for the State respondents has also submitted that when the applicants are admittedly having the requisite qualification, there can be no ground to withhold their appointment during the pendency of the writ petition. 8. Having regard to the submission made by the learned counsel for the contesting parties and also having regard to the interim order dated 14.08.2025 and the reasons behind passing of the same, this Interlocutory Application is allowed to the extent that the respondent authorities would be at liberty to appoint the applicant Nos. 1 and 2, who are arrayed at serial Nos. 9 and 12 in the select list, to the post of Surveyor, keeping such appointment subject to the outcome of the writ petition. 9. Accordingly, the Interlocutory Application stands disposed of. 10. It is made clear that the respondents are restrained from making any appointment to any other candidate from the select list for the post of Surveyor during pendency of the writ petition. JUDGE Page No.# 9/9 Comparing Assistant