JUDGMENT H. Baruah, J. 1. Heard Mr. C. Lalramzauva, learned senior counsel assisted by Mr. J. Thanghmingmawia as well as Mrs. Dinary T. Azyu, the learned Govt. Advocate for the State Respondent Nos. 1 to 4. None appears for and behalf of Respondent No. 5. 2. By this writ petition under Article 226 of the Constitution of India, the Petitioner has sought for direction to the Respondent authorities, Respondent Nos. 1 to 4 in particular to absorb and appoint him as Peon-cum-Chowkidar in the Government Awithangpa High School, Thiak from the date of appointment of the private Respondent No. 5 with all service benefits after setting aside of the office order issued under Memo No. A.12011/1/2009-DTE (EDN) DATED 7.8.2009 whereby and whereunder the Respondent No. 5 had been temporarily appointed in the Government Awithangpa High School, Thiak Grade-IV post as Peon-cum-Chowkidar created by the Government after provincialization of the said school. 3. The case of the Petitioner is as follows: Awithangpa High School, Thiak was initially a private school and it subsequently being found eligible provided Grant-in-Aid under the Ad-hoc Recurring Grants-in-Aid for General Maintenance of School Rules, 1997 and accordingly it was placed under the scheme vide Notification No. B.17011/16/98 EDN dated 24.3.1998 issued by the Respondent No. 2. The Managing Committee of the said school having found eligible the Petitioner appointed him as Peon-cum-Chowkidar by Appointment Order dated 1.4.2007 (Annexure-4). The aforesaid appointment was approved by the Respondent No. 4 vide office order under Memo No. A.DEO(A)/8(A) 2005 dated 26.8.2008 (Annexure-5). The Respondent No. 2 in exercise of power conferred under Rule 3 of the Mizoram Middle Schools and High Schools (Provincialisation) Rules, 1994 (for short Rules, 1994) vide Notification No. B.17011/3/2002-EDN (Vol-II)/2 dated 1.4.2008 was pleased to order provincialization of 10 Ad-hoc Aided High Schools and 36 Ad-hoc Aided Middle Schools w.e.f. 1.4.2008 wherein Petitioner's school appears at serial No. 2 of the High Schools. Rule 6 of the Rules 1994 has provided that all the existing incumbents of the provincialized schools in which they are serving on the effective date shall be absorbed in the Government Service in suitable ranks or grades with effect from the said date subject to their suitability for appointment in Government service in consonance with the corresponding and relevant Recruitment Rules framed by the Department and subject to availability of sanctioned posts for such provincialised schools. Thereafter, Respondent No. 2 vide Notification No. A.11013/1/2008-EDN dated 3.9.2008 created 301 posts for absorption of existing Teaching and Non-Teaching Staff of the newly provincialized High Schools and Middle Schools. It is pertinent to mention that for the Govt. Awithangpa High School, Thiak one post of Grade-IV was created along with one post of Headmaster, 4 posts of Teachers and one post of LDC. After creation of the posts as indicated above, the Respondent authorities No. 1 to 4 had taken necessary steps for absorption of the all existing incumbents of Teaching and Non-Teaching Staffs of such provincialized schools and necessary screening was conducted by the DPCs in which all the existing incumbents of the Teaching and Non-Teaching Staffs of the said schools were absorbed. However, the Petitioner who had been working in the said school was not absorbed in the post created by the Government. For the purpose of filling up of the Grade-IV post which till date were not filled up, the Petitioner was informed vide letter No. A.12011/1/2009-DTE(EDN) dated 1.6.2009 to appear in a personal interview to be conducted on 14th to 17th July, 2009 in the office of the Directorate of School Education. Accordingly, the Petitioner being equipped with all educational testimonials, appeared on 14.7.2009 before the DPC along with other candidates for appointment in Grade-IV posts in the newly provincialized High Schools including the Petitioner's schools. However, the DPC did not recommend the Petitioner for absorption/appointment to the post of Grade-IV in the Govt. Awithangpa High School, Thiak disregarding the provisions of Rules, 1994 instead the private Respondent No. 5 who did not serve in the Petitioner's school in any capacity whatsoever appointed him against the post created by the Government. It is contended that the Petitioner was illegally denied the benefit of absorption as provided in the Rules, 1994 despite the fact that he was an existing incumbent in the school. On account of non-appointment in the Grade-IV post, the Petitioner personally made an enquiry for the post of and came to know that in the year 2007 he having been not given proper scale when the school was provincialized he could not be included as an existing incumbent for the purpose of Rules 6 of the Rules 1994. On account of non-appointment in the Grade-IV post, the Petitioner personally made an enquiry for the post of and came to know that in the year 2007 he having been not given proper scale when the school was provincialized he could not be included as an existing incumbent for the purpose of Rules 6 of the Rules 1994. It is further contended that the writ Petitioner being an existing incumbent in the school as indicated above, newly provincialised, he was required to be absorbed in the Grade-IV post by virtue of Rules 6 of the Rules 1994. Procedure adopted by the State Respondents for filling up of Grade-IV post in the said schools after calling the applications from various candidates is foreign to the provincializatiion Rules, 1994 and, therefore, appointment of private Respondent No. 5 in the post is not in accordance with Rules, 1994. It is further contended that the writ Petitioner having been appointed in the school by the Managing Committee had been discharging his service as Peon-cum-Chowkidar since the date of his appointment. The manner in which the Respondent No. 5 had been appointed in Grade-IV post in the said school is not approved and beyond the scheme of Povincialization Rules, 1994. The State Respondents thus illegally excluded the writ Petitioner from the existing incumbents of the non-existing staff of the Bethel High School, Pangkhua in violation of the provisions of the Rules. It is also contended that minus the Petitioner all other teaching and non-teaching staff of the Petitioner's school were absorbed by virtue of Rule 6 of Rules 1994. It is contended that the appointment of the private Respondent No. 5 is illegal, whimsical and discriminatory. 4. This writ petition has been resisted by the State Respondents by filing counter affidavit. The stand taken by the State Respondents in their counter affidavit is that absorption of the existing incumbents of the provincialised schools to the respective post is subject to their suitability for appointment in Government service in consonance with the corresponding and relevant recruitment rules framed by the department concerned as is in force on the effective date as may be determined by the competent departmental promotion committee subject to availability of sanctioned post for such provincialised school. The process of absorption of the existing incumbents in the school including Bethel High School, Pangkhua could be started only after the State Government conveyed creation and promotion for filling up the Grade-IV post in the schools vide notification No. A. 11013/1/2008-EDN dated 3-9-2008 (Annexure-8) and accordingly for filling up the 10 (ten) Grade-IV post for 10 provincialised schools, Employment Exchange were notified for sponsoring candidates under the provisions of vacancy Act 1959. Employment Exchanges sponsored as many as 595 candidates including the Petitioner. Out of 595 candidates, 195 candidates including the Petitioner appeared before the DPC for personal interview and the DPC after assessment of suitability of each of the candidates, recommended 10 (ten) candidates for appointment to the post of Grade-IV in the high schools including Bethel High School, Pangkhua. Since Rule 6 of the Provincialisation Rules 1994 mandates the absorption of the existing incumbents subject to suitability for appointment in the service in accordance with the relevant recruitment rules such procedure had been adopted for appointment of the suitable candidates through DPC from among the candidates sponsored by the Employment Exchange. Therefore, recommendation of DPC in not recommending the Petitioner for appointment to the Grade-IV post in the Bethel High School, Pangkhua cannot be called in question since such recommendation was made in accordance with the relevant rules. It is further contended by the State Respondents that out of 10 (ten) existing incumbents only 8 (eight) were found fit and recommended for appointment to the post of Grade-IV by DPC while 2 (two) incumbents of whom the Petitioner was one of them was not found fit by the DPC for such appointment. It is contended that the State Respondents have not violated the provisions of provincialisation Rules, 1994. 5. During the course of argument it is submitted by Mr. C. Lalramzauva, learned senior counsel that a Grade-IV employee similarly situated on account of his non-absorption in the provincialized school (Bethel High School, Pangkhua) approached this Court by filing W.P.(C) No. 104 of 2009 seeking similar relief(s) as prayed for in this present writ petition. It is submitted by Mr. During the course of argument it is submitted by Mr. C. Lalramzauva, learned senior counsel that a Grade-IV employee similarly situated on account of his non-absorption in the provincialized school (Bethel High School, Pangkhua) approached this Court by filing W.P.(C) No. 104 of 2009 seeking similar relief(s) as prayed for in this present writ petition. It is submitted by Mr. C. Lalramzauva, the learned senior counsel that the case of the present Petitioner is squarely covered by the judgment and the order passed in W.P.(C) 104 of 2009 and that being so the reliefs granted therein to the Petitioner can also be provided in favour of the present Petitioner since all the facts involved in this case are similar to each other. 6. Mrs. Dinary T. Azyu, the learned Govt. Advocate appearing for the State Respondent Nos. 1 to 4 also concedes that the case of the writ Petitioner is squarely covered by the judgment and order passed in W.P.(C) No. 104 of 2009 dated 20th May, 2010. Mrs. Dinary T. Azyu, the learned Govt. Advocate never contends that the reliefs provided in W.P.(C) No. 104 of 2009 to the writ Petitioner therein cannot be provided to the present writ Petitioner of this instant writ petition. 7. Since the facts and reliefs sought for in this instant writ petition are similar to the facts and reliefs sought for in W.P.(C) No. 104 of 2009, this Court finds no impediment to allow the writ petition and grant similar reliefs as indicated therein. 8. In the result, the writ petition stands allowed. The office order issued under Memo No. A.12011/1/2009-DTE (EDN) DATED 7.8.2009 is set aside and quashed. Respondent authorities are directed to absorb and appoint the writ Petitioner in Grade-IV held by the Respondent No. 5 in Awithangpa High School, Thiak in the scale prevalent at that time with all other allowances admissible thereto from the date of appointment of Respondent No. 5. Respondent authorities may, however, retain the service of the Respondent No. 5 in Grade-IV if situation demands in a vacant post, if available, if not by creating a supernumerary post for the purpose. This writ petition accordingly stands disposed of. No cost.