Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

School/Govt. Higher Secondary School. As the petitioners have more than five years regular service
as assistant teacher in Govt. High/Higher Secondary School they are aspirants for promotion to the
said higher posts.
Mizoram PSC
2. In 1991 the State Government of Mizoram made Mizoram Middle Schools and High Schools
(Provincialisation) Rules, 1991 (for short ‘Provincialisation Rules’) authorising the State Government
to provincialise any middle school or high school in Mizoram which were run and maintained mostly
with the financial assistance from the State Government. Rule 6(1) of the Provincialisation Rules
provides that all existing incumbents, to be appointed in Govt. service consequent upon the
provincialisation or the institutions in which they were serving should appear before the Mizoram
Public Service Commission (for short MPSC)/Departmental Promotion Committee for assessment of
their suitability or otherwise for appointment in the Govt. service. Though Sub-Rule (2) of that rule
initially provided that 50% of the posts of Headmaster would be filled in by appointment of existing
incumbents of the provincialised schools and remaining 50% by direct recruitment from persons having
eight years’ teaching experience upon selection by the Public Service Commission/Departmental
Promotion Committee, on the basis of written competitive examination, and later by an amendment in
1994 the said provision of direct recruitment was replaced by a provision for promotion fro eligible
teachers of Govt. High/Higher Secondary Schools, but in 2002 the provision of quota system was
abolished by a further amendment. As a result of such amendment the final position of Rule 6 stands
to provide for absorption of all the existing incumbents of the provincialised institutions with the first
proviso that upper age limit prescribed in the recruitment rules shall cause no bar to such absorption
and the second proviso that the existing headmasters who are not appointed to the posts of Headmasters
shall be appointed teachers in their respective provincialised schools and shall be deemed to be
employees of the Govt. with effect from the date of provincialisation.
3. On 28 th August, 2003 the State Government by a notification provincialised 38 High Schools
with effect from 1.9.2003. By another notification dated 23 rd November, 2004 the State Government
created 38 posts of Headmaster, 159 posts of Teacher and several other posts for absorption of
teaching and non teaching staff of the newly provincialised high schools and middle schools with
retrospective effect from 1.9.2003. The State Government by a letter dated 24.1.2005 addressed to
the Director of School Education conveyed approval of the Government for filling up of 304 posts of
newly provincialised 38 High schools and 1285 posts of the newly provincialised 200 Middle Schools
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