Gauhati High Court

Page No.# 1/46 vs The State Of Assam And 4 Ors on 28 January, 2025

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                            Page No.# 1/46

GAHC010006882025




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                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/159/2025

         PRAMILA KUMARI PRAJAPATI AND 34 ORS
         D/O LATE DASHRATH PRAJAPATI
         R/O PANDAV NAGAR, BORIPARA
         P.O. PANDU, GUWAHATI, PIN-781012.

         2: PHIJU PAO
          S/O MAGEN PAO
         R/O VILL- 3 NO. SHANTIPUR
          SADIYA
         P.O. CHAPAKHOWA
          DIST. TINSUKIA
         ASSAM
          PIN-786157

         3: MRIDUPABAN SHARMA
          S/O BOIRENDRA NATH SHARMA
         R/O CHIRING CHAPORI KHATONIAR PARA
          P.O. DIBRUGARH
          DIST. DIBRUGARH
         ASSAM
          PIN-786001

         4: MRS. PRANAMI SARMA
          D/O NITISH SARMA
         R/O P.O. BAIHATA CHARIALI
         DIST. KAMRUP
         ASSAM
         PIN-781381

         5: SANJEEB KALITA
          S/O LATE UDAY KALITA
         R/O TIHU TOWN
         WARD NO. 1
          P.O. TIHU
                                 Page No.# 2/46

DIST. NALBARI
ASSAM
PIN-781371

6: TRISHNA MONI DAS
 D/O ABANI KUMAR DAS
R/O JOTI TOWN

NEAR B.T. COLLEGE
BARPETA
P.O. SANTINAGAR
DIST. BARPETA
ASSAM
PIN-781314

7: DR. MONZURUL KADER AHMED
 S/O AMZAD HUSSAIN AHMED
R/O VILL- AIRANJANGLA
 P.O. A.M. CO. ROAD
 DIST. DHUBRI
ASSAM
 PIN-783323.

8: DR. KABITA BARUAH
 D/O LATE RAJANI KANTA BARUAH
R/O TOWN MORIKALONG
 DIST.NAGAON
ASSAM
 PIN-782001

9: MD. RUHUL AMIN
 S/O MD. MAQBUL HUSSAIN
VILL- AND P.O. JHASKAL
DIST. DHUBRI
ASSAM
 PIN-783335

10: DR. LATIKA KALITA
 D/O LATE DANDI RAM KALITA
R/O VILL- 2 NO. HACHANG
P.O. MADHUKUCHI
P.S. RANGIA

DIST. KAMRUP
ASSAM
PIN-781354

11: BIKRAM BARO
                               Page No.# 3/46

S/O GIRISH CH. BARO
R/O VILL- MADHAPUR
P.O. RUPAHI
DIST. BARPETA
ASSAM
PIN-781318

12: BISMEETA BURAGOHAIN
 D/O HEMANTA BURAGOHAIN
R/O VILL- HATIGARH
 P.O. HATIGARH
DIST. DHEMAJI
ASSAM
 PIN-787057

13: SHEEMPE BARUAH
 D/O KAMAL CHANDRA BARUAH
VILL- PATALARCHUK

R/O P.O. JAMUGURIHAT
DIST. SONITPUR
ASSAM- 784180

14: JULIE DAS
 D/O AKON CHANDRA DAS
R/O NRL TOWNSHIP
 DIST. GOLAGHAT
ASSAM
 PIN-785615

15: SIDDHARTHA PROTIM GOGOI
 S/O PRAFULLA GOGOI
R/O GABHARU KONWAR GAON
P.O. GOBHARU KONWAR GAON

DIST. JORHAT
ASSAM
PIN-785636

16: RUMI TALUKDAR
 D/O LATE UMESH TALUKDAR
R/O HOUSE NO. 27
 GARUKUCHI PATH

CHANDAN NAGAR
CHARIALI
BELTOLA TINIALI
                               Page No.# 4/46

BELTOLA
GUWAHATI
DIST. KAMRUP (M).

17: NEHA PRASAD
 D/O DWIJENDRA PRASAD
R/O BHAKARVITA
WARD NO. 19
 P.O. AND P.S. BONGAIGAON
ASSAM

18: MRS. JOYSHREE CHOUDHURY
 D/O BRAJEN CHOUDHURY
R/O ARUNODOI PATH
 HOUSE NO. 15

HATIGAON
NAMGHAR
GHY-38.

19: SABIHA NAHID
 D/O SAFIQUR RAHMAN
R/O KARENG TINIALI
 P.O. JOYSAGAR

DIST. SIVASAGAR
ASSAM
PIN-785665

20: MD. AJMAL
 S/O ABDUL QUADIR
R/O VILL- HATIMURIA

P.O. AND P.S. MOIRABARI
DIST. MORIGAON
ASSAM
PIN-782126

21: SUBORNA HAQUE
 D/O FAZRUL HAQUE SARKAR
R/O WARD NO. 13
A.B. COLLEGE ROAD

BYELANE KARIM BOXO
P.O. GAURIPUR
DHUBRI
PIN-783331.
                                      Page No.# 5/46

22: KABERI SARMA THAKUR
 D/O AKHILANANDA SHARMA THAKUR
R/O CHANDMARI
 OPPOSITE POLICE WIRELESS OFFICE
WARD NO. 10
 P.O. AND P.S. GOLAGHAT
 PIN-785621

23: DR. PARAG GOGOI
 S/O LATE PRADIP GOGOI
R/O AMGURI
 CHANGMAI VILLAGE

P.O. CHARINGIA PUKHURI

DIST. SIVASAGAR
PIN- 785680

24: SUMIR BHATTARAI
 S/O NAR BAHADUR BHATTARAI
R/O NARANGI
ASEB COLONY QTR. NO. TYPE-VI/01/02
 P.O. NARANGI
 P.S. NOONMATI
 GUWAHATI-781026

25: DOLLY SARMAH
 D/O BIRESWAR SARMAH
CHITRANAGAR TOWN
TANGLA
WARD NO. 4
 P.O. TANGLA
DIST. UDALGURI
 BTAD
ASSAM
 PIN-784521

26: DR. DURLOV SAIKIA
 S/O GOLAP SAIKIA
R/O VILL- KHETRIATI
 P.O. MAJUKUSHI
DIST. BISWANATH
 PIN-78784178

27: PREETI REKHA BORUAH
 D/O NARAYAN CH. BARUAH
R/O VILL- BORPATHAR
 HATKATA KONWAR GAON
                                   Page No.# 6/46

P.O. KONWAR HANDIQUE
DIST. DIBRUGARH
PIN- 786008

28: DR. MUHSINA KAFIAH HUDA
 D/O WARIS ALI
R/O RAJABARI
 JYOTINAGAR PATH

DIST. JORHAT
PIN- 782014.

29: MITU DAS
 D/O LATE TARUN CH. DAS
R/O VILL- GARIGAON NOWAPARA

P.O. GARIGAON
 P.S. JALUKBARI
DIST. KAMRUP (M)
ASSAM
 PIN-781012

30: SANJANA DEVI
 D/O PARESH PARAJULI
R/O VILL- GOLIA
 P.O. PANIBHARAL
DIST. BISWANATH CHARIALI
 PIN-784176

31: MRIDUSMITA BORA
 D/O JIBA KANTA BORA
R/O MISSION COMPOUND WARD NO. 9
 P.O. AND P.S. GOLAGHAT

DIST. GOLAGHAT
ASSAM
PIN-785621

32: DR. LIMA DAS
 D/O PRABIN CH. DAS
R/O VILL- NIZARAPUR
 H. N. 64
 OPPOSITE AEC HOSTEL NO. 6

P.O. GUWAHATI UNIVERSITY
 DIST. KAMRUP (M)
ASSM
 PIN- 781014
                                                    Page No.# 7/46


33: DR. BHARATI DEKA
W/O TRINAYAN BARMAN
R/O BARKHETRI BANEKUCHI

DIST. NALBARI
PIN- 781340

34: BEDANTA BARHOI
 S/O BINANDA BARHOI
R/O SARJON
 DIST. LAKHIMPUR

PIN-784164

35: DR. PANKAJ HAZARIKA
 S/O LILADHAR HAZARIKA
R/O R/O VILL- SINGIA BHAKAT GAON

P.O. SINGIA NO. 2

DIST. LAKHIMPUR
PIN- 78214

VERSUS

THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR,
GUWAHATI-781006.

2:THE SECRETARY TO THE GOVT. OF ASSAM

HIGHER EDUCATION (TECHNICAL) DEPARTMENT
DISPUR
GUWAHATI-781006.

3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM

HIGHER EDUCATION (TECHNICAL) DEPARTMENT
DISPUR
GUWAHATI-781006.

4:DIRECTOR OF TECHNICAL EDUCATION

ASSAM DIRECTORATE OF TECHNICAL EDUCATION
KAHILIPARA
GUWAHATI
                                                 Page No.# 8/46

ASSAM
PIN-781019

5:ASSAM ENGINEERING SERVICE RECRUITMENT BOARD

REPRESENTED BY ITS MEMBER SECRETARY
ASSAM TEXTILE INSTITUTE CAMPUS
GUWAHATI
ASSAM

PIN-781001

Linked Case : WP(C)/8795/2019

NETRAMONI BARUAH AND 82 ORS.
SON OF JIBON CHANDRA BARUAH
RESIDENT OF VILLAGE- CHALCHALIRANGIA GAON

P.O.- CHALCHALI
 DIST- NAGAON
ASSAM
 PIN-782141

2: YESMIN ARA BEGUM
D/O- BASISR ALI
R/O- A.P.G.C.L MAIBELLA
PO-SUFFERY

DIST-CHARAIDEO
PIN-785689

3: LAKSHMINANDAN GOGOI
S/O- JOGENGOGOI
R/O- VILLAGE- N0. 3 SIMENCHAPORI

P.O. SIMENCHAPORI
 PIN-787061
DIST. DHEMAJI(ASSAM

4: BISMEETA BURAGOHAIN
D/O- HEMANTABURAGOHAIN
R/O- VILLAGE- HATIGARH
P.O.- HATIGARH
DIST- DHEMAJI
ASSAM
PIN787057
                                          Page No.# 9/46

5: PREETI REKHA BARUAH
D/O- NARAYAN CH. BARUAH
R/O- VILL. BORPATHARHATKATAKONWAR GAON

PO- KONWARHANDIQUE
DIST- DIBRUGARH
PIN- 786008

6: SANJANA DEVI
D/O- PARESH PARAJULI
R/O- VILLAGE GOLIA
P.O PANIBHARAL
DIST- BISWANATHCHARIALI
PIN-784176

7: PHIJU PAO
S/O-MAGEN PAO
R/O- VILLAGE 3.NO.SHANTIPUR
SADIYA

P.O- CHAPAKHOWA
DIST-TINSUKIA

ASSAM
PIN-786157

8: MRIDUPABAN SHARMA
S/O-BOIRENDRA NATH SHARMA
R/O- CHIRINGCHAPORIKHATONIAR PARA

P.O-DIBRUGARH
DIST- DIBRUGARH
ASSAM

PIN-786001

9: BARBIE LEENA BARHOI
D/O- DURLOVE LEENA BARHOI
R/O- D.G. AVENUE
NEW AMOLAPATTY

GOLAGHAT
PIN-785621

10: SIDDHARTHA PROTIM GOGOI
S/O- PRAFULLA GOGOI
R/O- GABHARUKONWAR GAON
                                   Page No.# 10/46

P.O.-GOBHARUKONWAR GAON
 DIST- JORHAT

PIN-785636

11: MRIDUSMITA BORA
D/O- JIBAKANTA BORA
R/O- MISSION COMPOUND
WARD NO.9
P.O. AND P.S.- GOLAGHAT
DIST- GOLAGHAT
ASSAM
PIN-785621

12: KABERI SARMA THAKUR
D/O-AKHILANANDA SHARMA THAKUR
R/O- CHANDMARI
OPPOSITE POLICE WIRELESS OFFICE

WARD NO.10
P.O. AND P.S.- GOLAGHAT
PIN-785621

13: GAUTAM BORA
S/O- LILA KANTA BORA
R/O- HATIGAON
NEAR HATIGAON HIGH SCHOOL

GUWAHATI-781038

14: JULIE DAS
D/O- AKON CHANDRA DAS
R/O-NRL TOWNSHIP
DIST- GOLAGHAT

ASSAM
PIN-785615

15: DIPANKA BHUYAN
S/O- LATE LALIT BHUYAN
VILL- BAHUAKURI

R/O- P.O- NAGSANKAR
P.S-SOOTIA

DIST.-BISWANATH
ASSAM-784189.
                                   Page No.# 11/46

16: BHASKAR MAHANTA
S/O- SARAT MAHANTA
BAKARIGAON

R/O- WARD NO-4
P.O-MORIGAON
DIST. MORIGAON

ASSAM
PIN-782105

 17: ANAMIKA TALUKDAR
R/O-D/O- LAKSHMI KANTA TALUKDAR
 VILL- JAPARKUCHI
P.O.- TERECHIA
 P.S.- NALBARI
ASSAM-781334

18: SHEEMPE BARUAH
D/O- KAMAL CHANDRA BARUAH
VILL- PATALARCHUK
R/O-P.O- JAMUGURIHAT
DIST.-SONITPUR
ASSAM-784180

19: MASOOD ALI
S/O-AKBAR ALI
VILL- MARUACHOWKI

R/O-P.O- MARUACHOWKI
P.S- SIPAJHAR

DIST.- DARRANG
ASSAM-784145

20: KARISHMA BHUYAN
D/O- UMESH BHUYAN

R/O-VILL- BAHUAKURI
P.O- NAGSANKAR

P.S-SOOTIA
DIST.-BISWANATH
ASSAM-784189

21: ASHMAN ALI LOSKAR
S/O- MD. HUSSAIN LASKAR
                                   Page No.# 12/46

R/O-VILL.-MODERTOLIMIKIR GAON

P.O.- MODERTOLIMIKIR GAON
 P.S.-DOBAKA

DIST.- HOJAI
ASSAM-782440

22: ANASUYA GOSWAMI
W/O- DR. ARUNAV CHAKRABORTY
GEETANAGAR

R/O-GEETALI PATH
HOUSE NO. 10

P.O.- NOONMATI
GUWAHATI
PIN- 781020

23: SANDEEPA AGASTI
D/O-HEMANTA SARA AGASTI
R/O- VILLAGE-GOLIA
P.O.- PANIBHORAL

DIST- BISWANATH
PIN-784176

24: PRANITA SAIKIA
D/O- BOLIN SAIKIA
R/O- BOIRAGIMATH
DIST- DIBRUGARH

ASSAM
PIN-786003

25: MRIGANV DEBNATH
S/O- ANIL CH. DEBNATH
R/O- AMOLAPATTY
WARD NO.4
P.O.-MORIGAON

DIST- MORIGAON
ASSAM
PIN-782105

26: POMPI BORAH
D/O- ANNA RAM BORAH
R/O- VILLAGE- SINGIABHAKAT GAON
                                        Page No.# 13/46


P.O.- SINGIA
 DIST-LAKHIMPUR
 PIN-782140

27: KANGKANA DEORI
D/O- HERAMBADEORI
R/O- AEC CAMPUS
JALUKBARI

DIST- KAMRUP (M)
GUWAHATI
PIN-781013

28: HITESWAR BORUAH
S/O- LAKHI BARUAH
R/O- VILLAGE- CHINAI
DIST- LAKHIMPUR

ASSAM
PIN-787053

29: PANKAJ HAZARIKA
S/O- LILADHAR HAZARIKA
R/O- R/O- VILLAGE- SINGIABHAKAT GAON

P.O.- SINGIA NO.2
 DIST-LAKHIMPUR
 PIN-782140

30: BEDANTA BARHOI
S/O- BINANDABARHOI
R/O- SARJON
DIST- LAKHIMPUR
PIN-784164

31: CHANDRAMIKA KALITA
D/O- PRADIP KALITA
R/O- NAYANPUR ROAD
BYELANE2
JONAKIPATH A
H/NO- A4
GANESHGURI
GUWAHATI-781005

32: SUBORNA HAQUE
D/O- FAZRUL HAQUE SARKAR
R/O- P.O- MANKACHAR
                                   Page No.# 14/46

P.S- MANKACHAR
DIST.- SOUTH-SALMARA-MANKACHAR
ASSAM
PIN- 783131

33: GAYATRI ADHIKARI
D/O- BHUPENDRA NARAYAN ADHIKARY

R/O- NEAR AG COLONY
KALIMANDIR PATH
BYE LANE 1

HOUSE NO 1A
BEHARBARI
GUWAHATI 781029
ASSAM

34: RUMI TALUKDAR
D/O- LATE UMESH TALUKDAR
R/O- 1NO. MASJID GOLI
KATAHBARI
HOUSE NO. 84
P.S.AND P.O. -GARCHUK
DIST-KAMRUP(M)

PIN-781035

35: NEHA PRASAD
D/O- DWIJENDRA PRASAD
R/O- LICHUTALAWARD NO. 1

PO AND PS-BONGAIGAON
ASSAM

36: MONZURUL KADER AHMED
S/O-AMZAD HUSSAIN AHMED
R/O- VILLAGE- AIRANJANGLA
P.O. A M CO. ROAD
DIST. DHUBRI (ASSAM)
PIN 783323

37: LIMA DAS
D/O- PRABIN CH. DAS
R/O- VILL- NIZARAPUR
H N 64

OPPOSITE AECHOSTEL NO 6
                                  Page No.# 15/46

P.O-. GUWAHATI UNIVERSITY
 DISTRICT KAMRUP(M)
 (ASSAM)
 PIN. 781014

38: MITU DAS
D/O- LATE TARUN CH. DAS
R/O- VILLAGE- GARIGAONNOWAPARA
POST OFFICE- GARIGAON
P.S.- JALUKBARI
DISTRICT- KAMRUP (M)
ASSAM
PIN- 781012

39: MOFIZUL ISLAM
S/O- MD. HUSSAIN ALI
R/O- VILL- CHALBANDA
PO-BARKANDA
PS - BILASIPARA
DIST- DHUBRI
ASSAM
783348

40: ALAKESH SARMAH
S/O- NABINSARMAH
R/O- VILLAGE KOTHORA
P.O.-JAMTOLA

RANGIA
DIST- KAMRUP
ASSAM
PIN-781354

41: KASHMIRI DEKA
D/O- SUNANDA DEKA
R/O- MOTHER TERESA ROAD
KARBI PATH

GUWAHATI-21
DIST- KAMRUP (M)
ASSAM

42: MRINAL KR. ADHIKARY
S/O- BHUPENDRA NARAYAN ADHIKRY
KALI MANDIR PATH
HOUSE NO.1A

BEHARBARI
                           Page No.# 16/46

P.O.- BASISTHA
GUWAHATI

DIST- KAMRUP (M)
PIN-781029

 43: DHRITIMAN TALUKDAR
S/O-KUMUD TALUKDAR
R/O- VILLAGE- BALIKARIA
 P.O
- BALIKAPARA

DIST- NALBARI
ASSAM
PIN-781335

44: ANKUR DAS
S/O- BIRENDRA NATH DAS
R/O- CHANDANPUR
WARD NO.8

P.O.-BARPETA ROAD
 DIST- BARPETA

ASSAM
PIN-781315

45: RAJIB KALITA
S/O- NARAYAN KALITA
R/O- KRISHNA NAGAR
WARD NO.2

P.O-NALBARI
 DIST-NALBARI
 PIN-781335

46: SMITA DAIMARI
D/O- OJENDRADAIMARI
R/O- VILLAGE- KALBARI
P.O.-SASTRAPARA

DIST- UDALGURI
PIN-784510

47: BIKRAM BARO
S/O-GIRISH CH BARO
R/O- VILLAGE- MADHAPUR
P.O.-RUPAHI
                              Page No.# 17/46


DIST- BARPETA
ASSAM
PIN-781318

48: DOLLY SARMAH
D/O- BIRESWARSARMAH
CHITRANAGAR TOWN
TANGLA
WARD NO.4

P.O.- TANGLA
 DIST- UDALGURI
 BTAD

ASSAM
PIN-784521

49: SANJEEB KALITA
S/O-LATE UDAY KALITA
R/O- TIHU TOWN
WARD NO.1
P.O-TIHU

DIST-NALBARI
ASSAM
PIN-781371

50: KANKANA KASHYAP
W/O- RABINDRACH DAS
R/O- UTTARANANDANAGAR
GANESH MANDIR PATH
NEW GUWAHATI
P.O- NOONMATI
ASSAM PIN 781020

 51: RAHUL AMIN LASKAR
S/O NURULHOQUELASKAR
R/O- VILL- DUDPATIL PART 6
P.O- HATHICHERRA 7

DIST- CACHAR
ASSAM
PIN 788002

52: BHASKARJYOTI PATHAK
S/O KHANINDRANATHPATHAK
R/O- VILL AND PO- CHENGA
                                      Page No.# 18/46

P.S. TARABARI
DIST-BARPETA
PIN. 781305

53: PARTHA PRATIM DEKA
R/O- VILL. BHAWANIPUR
P.O.-BHAWANIPUR
DIST.-BARPETA
P.S.-BARPETA
PIN - 781352

54: RAHUL SWARGIARY
S/O HITESH SWARGIARY
R/O- HOUSE NO.12
GAONBURA PATH

PATHARQUARY
 GUWAHATI-781171

55: HELENA AHMED
D/O KABELUDDIN AHMED
R/O- WARD NO-15
HOUSE NO -223

P.O-SONKUCHI
DIST-BARPETA
ASSAM.
PIN-781314

56: HEMANTI KHERKATARY
D/O BANESWARKHERKATARY
R/O-BARPETAROAD
MISSIONROAD
WARD NO 3
DISTRICT- BARPETA
ASSAM
PIN-781315

 57: SUMIR BHATTARAI
S/O - NAR BAHADUR BHATTARAI
R/O- NARANGI
ASEB COLONY QTR. NO- TYPE-VI/01/02
 P. O- NARANGI
P. S- NOONMATI
 GUWAHATI -781026

58: MD. AJMAL
S/O- ABDUL QUADIR
                                                       Page No.# 19/46

R/O-VILL- HATIMURIA
PO AND PS- MOIRABARI
DIST- MORIGAON
ASSAM
PIN - 782126

59: MUHSINA KAFIAH HUDA
D/O- WARIS ALI
R/O- RAJABARI
JYOTINAGAR PATH

DIST- JORHAT
PIN-785014

60: SABIHA NAHID
D/O- SAFIQUR RAHMAN
R/O- KARENGTINIALI
P.O.-JOYSAGAR

DIST- SIVASAGAR
PIN-785665

61: PARAG GOGOI
S/O- LATE PRADIP GOGOI
R/O- AMGURI
CHANGMAI VILLAGE

P.O.- CHARINGIAPUKHURI
 DIST-SIVASAGAR

PIN-785680

62: RUHUL AMIN
S/O- MOKBUL HUSSAIN R/O- VILL. AND P.O.- JHASKAL PART I GOLAKGANJ
DIST- DHUBRI

PIN-783335

63: LATIKA KALITA
D/O- LATE DANDI RAM R/O- VILL- 2 NO HACHANG
P.O.- MADHUKUCHI P.S. RANGIA
DIST- KAMRUP

PIN-781354

64: DURLOV SAIKIA
S/O- GOLAPSAIKIA
R/O- VILL- KHETRIATI
                                Page No.# 20/46

P.O.- MAJUKUSHI

DIST- BISWANATH
PIN-784178

65: JOYSHREE CHOUDHURY
D/O- BRAJEN CHOUDHURY
R/O- ARUNODOI PATH
HOUSE NO 15

HATIGAON
NAMGHAR
GHY-38

 66: SANJIB BISWAS
S/O- LOKESH BISWAS
R/O- VILL- RAMNAGAR (NO. 2)
P.O.- AZARBARI
 P.S.- LANKA
DIST- HOJAI
ASSAM
PIN- 782442

67: SAURAV BHATTACHARJEE
S/O- JYOTIRMOY BHATTACHARJEE
R/O- HOUSE NO. 1
LANE NO 14

FIRST LINK ROAD
DIST-SILCHAR

PIN-788006

68: IMDADUL HUSSAIN
S/O- AMZAD HUSSAIN
R/O- BILASIPARA
WARD NO.4
SURJYAKHATA

P.O.- BILASIPARA
 DOST- DHUBRI

PIN- 783348

69: NILAKSHI KAKATI
D/O- LATE BIRENKAKATI
R/O- HOUSE NO. 3
UTTARAYAN PATH
                              Page No.# 21/46


SIXMILECHACHAL
KHANAPARA

GUWAHATI-781022

70: SNIGDHA DAS
D/O- SANJOY DAS
R/O- CHANDAMARI
AEI ROAD
LEFT BYE LANE

HOUSE NO.16
GUWAHATI-3

71: PALLABI DAS
D/O- PRAFULLA CHANDRA DAS
R/O- PUB SURUJNAGAR
KAHILIPARA

GUWAHATI- 781019

72: JUMILEE GOGOI
D/O- NIRENGOGOI
R/O- H.NO.13
SHIVA NATH GOGOIPATH

PANJABARI
 GUWAHATI-37

73: PRANAMI SARMA
D/O- NITISH SARMA
R/O- P.O.- BAIHATACHARIALI

DIST-KAMRUP
ASSAM
PIN-781381

74: SABIHA RAYESHA
D/O-ATAUR RAHMAN
R/O- TR PHOOKAN ROAD
MACHKHOWA
GUWAHATI-781009

75: DHRITIMA BARMAN
D/O- ATUL CH. BARMAN
R/O- NABAJYOTI NAGAR
PANJABARI
                                 Page No.# 22/46


GUWAHATI 781037

76: NITISHA BORDOLOI
W/O- DR. GITARTHABORDOLOI
R/O- APARTMENT 2A
HOUSE NO-19

SHANKARDEV PATH
PUB SARANIAROAD

GUWAHATI
PIN-781003

77: BIPASHA SARMA
D/O- KHAGENDRA NATH DEV SARMA
R/O- THANA ROAD
DHING TOWN

P.O.- DHING
 DIST- NAGAON
ASSAM

PIN- 782123

78: MANASHI TALUKDAR
D/O-GAJEN TALUKDAR
R/O-THAMNA
P.S.- MUSHALPUR

DIST-BAKSA
PIN- 781377

79: DHRUBAJIT KALITA
S/O-BANKIM KALITA
R/O-KHARJARA
P.O.- GOPAL BAZAR

DIST-NALBARI
PIN-781353

80: PRAMILA KUMARI PRAJAPATI
D/O-LATE DASHRATH PRAJAPATI
R/O-- PANDAVNAGAR
BORIPARA

P.O. PANDU
 GUWAHATI
                                                      Page No.# 23/46

PIN-781012

81: BHARATI DEKA
W/O-TRINAYAN BARMAN
R/O- BARKHETRIBANEKUCHI
DIST-NALBARI
PIN-781340

82: KABITA BARUAH
D/O-LATE RAJANI KANTA BARUAH
R/O-TOWN MORIKALONG
DIST-NAGAON

PIN-782001

 83: TRISHNA MONI DAS
D/O-ABANI KUMAR DAS
R/O--JOTI TOWN
 NEAR B.T. COLLEGE
 BARPETA
P.O.- SANTINAGAR
 DIST-BARPETA
 PIN-781314
 VERSUS

THE STATE OF ASSAM AND 15 ORS.
REP. BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
EDUCATION (HIGHER) DEPTT DISPUR
GUWAHATI-6

2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
 HIGHER EDUCATION (TECHNICAL) DEPARTMENT
 DISPUR
 GUWAHATI- 6.

3:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
EDUCATION (HIGHER) DEPARTMENT
DISPUR
GUWAHATI-6.

4:DIRECTOR OF TECHNICAL EDUCATION
ASSAM
DIRECTORATE OF TECHNICAL EDUCATION
KAHILIPARA
GUWAHATI
ASSAM
                                     Page No.# 24/46

PIN-781019.

5:ASSAM PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS CHAIRMAN
JAWAHAR NAGAR
KHANAPARA
GUWAHATI
ASSAM

PIN-781022.

6:THE DEPUTY SECRETARY
ASSAM PUBLIC SERVICE COMMISSION
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-22.

7:THE PRINCIPAL
DHEMAJI POLYTECHNIC
SILAPATHAR
SIMENCHAPORI
DIST-DHEMAJI
ASSAM
PIN- 787061

8:THE PRINCIPAL
GOLAGHAT POLYTECHNIC
FURKATING
DIST- GOLAGHAT
PIN-785610.

9:THE PRINCIPAL
SONITPUR POLYTECHNIC
DHEKIAJULI
DIST- SONITPUR
ASSAM
PIN-784110

10:THE PRINCIPAL
LAKHIMPUR POLYTECHNIC
BIHPURIA
DIST- LAKHIMPUR
ASSAM
PIN-784161

11:THE PRINCIPAL
GOAPLARA POLYTECHNIC
DIST- GOALPARA
                                          Page No.# 25/46

ASSAM
PIN-783101

12:THE PRINCIPAL
BAKSA POLYTECHNIC
BELGURIPATHAR
DIST- BAKSA (BTAD)
ASSAM
PIN-781377

13:THE PRINCIPAL
NALBARI POLYTECHNIC
DIST- NALBARI
ASSAM
PIN-781335

14:THE PRINCIPAL
KAMRUP POLYTECHNIC
BAIHATACHARIALI
DIST- KAMRUP (R)
ASSAM
PIN-781381

15:THE PRINCIPAL
BARPETA POLYTECHNIC
BARPETA TOWN
DIST-BARPETA
ASSAM
PIN-781301

16:THE PRINCIPAL
SIVASAGAR POLYTECHNIC
DIMOW
DIST- SIVASAGAR
ASSAM
PIN-787059

17:TANMOY MEDHI
D/O- LATE BIRENKAKATI R/O- HOUSE NO. 3
UTTARAYAN PATH
SIXMILECHACHAL
KHANAPARA
GUWAHATI-781022

18:SIDDHARTHA KASHYAP
S/O LATE DILIP KUMAR MAZUMDAR
R/O KRISHA NAGAR
MIRZA
                                   Page No.# 26/46

P.O. POLASHBARI
DISTRICT KAMRUP
ASSAM
PIN 781125

19:MRINAL JYOTI SARMA
S/O ABINASH SARMA
R/O CHAMPAK NAGAR
DISTRICT KAMRUP
ASSAM
PIN 781124

20:MATIUR RAHMAN

S/O ABDUL LATIF AHMED
R/O VILLAGE AND P.O. BHAIRARPAM
DISTRICT BARPETA
ASSAM
PIN 781308.

21:AKSHEE SHIVAM
D/O S.K. BOTHAKUR
R/O SHIVANGI APARTMENT
SHIVAMANDIR PATH
BAGHORBARI TINIALI
PANJABARI
GUWAHATI-37
ASSAM

22:PINAKI RANJAN SEAL

S/O PRADIP KUMAR SEAL
R/O B2
SARASWATI NIWAS
LOHRA ROAD
LAL GANESH
GUWAHATI-781034
DIST. KAMRUP
ASSAM


23:JAHIDUL ISLAM

S/O SOBAHAN ALI
R/O VILLAGE NAYAPARA
P.O. BAHATI
DISTRICT GOALPARA
ASSAM
                                  Page No.# 27/46

PIN 783125.

24:FRANKY KUMAR KALIA
S/O SRI NIRMAL KUMAR KALIA
R/O LAL BANGLOW ROAD
P.O. TINSUKIA
DIST. TINSUKIA
ASSAM
PIN 786125.

25:PRANJAL KUMAR SARMA
S/O SRI SUREN CHANDRA SARMA
R/O VILLAGE AND P.O. RANGAMATI
DIST. KAMRUP
ASSAM
PIN 781122

26:MUKUL KALITA
S/O LATE BALEN KALITA
R/O VILLAGE NOTUN KOIMARI
P.O. CHHAYGAON
DIST. KAMRUP
ASSAM
PIN 781124.

27:DIPANKAR SHARMA

S/O SASHADHAR SHARMA
R/O VILLAGE NAKHARA (PAKA)
P.O. TIHU
DISTRICT NALBARI
ASSAM
PIN 781371

28:PAWAN KUMAR SINGH

S/O SHATRUGHAN SINGHA
R/O H/ NO. 35
COLLEGE ROAD
KUNDIL NAGAR
BELTOLA
GUWAHATI
DISTRICT KAMRUP(M)
ASSAM
PIN 781029.

29:IPSHITA BORAH
                                       Page No.# 28/46

D/O TARUN CHANDRA BORAH
R/O MANCOTTA CHOWKIDINGHEE
DIST. DIBRUGARH
ASSAM
PIN 786001.

30:ANKURJYOTI TALUKDAR

S/O DIMBESWAR TALUKDAR
R/O VILLAGE DALAIGAON
P.O. BAMKHATA
DISTRICT BAJALI
ASSAM
PIN 781325.

31:MANOJ KUMAR DEKA

S/O JOGENDRA NATH DEKA
R/O NAKARI
RAILWAY APPROACH ROAD
NEAR LAKHIMPUR RAILWAY STATION
DISTRICT LAKHIMPUR
ASSAM
PIN 787001.

32:NEELIM KONWAR

S/O DULJIT KR. KONWAR
R/O QUARTER NO. 3334
KALIBARI AREA
DIGBOI
ASSAM
PIN 786171.
------------

Linked Case : WP(C)/157/2025

MRINAL KUMAR ADHIKARY AND 29 ORS S/O BHUPENDRA NARAYAN ADHIKARY

RESIDENT OF KALI MANDIR PATH HOUSE NO. 1A BEHARBARI PO BASISTHA GUWAHATI DIST KAMRUP M ASSAM 781029

2: YESMIN ARA BEGUM Page No.# 29/46

D/O BASISR ALI

RESIDENT OF APGCL MAIBELLA PO SUFFERY DIST CHARAIDEO ASSAM 785689

3: BARBIE LEENA BARHOI D/O DURLOVE LEENA BRHOI RESIDDENT OF D.G AVENUE NEW AMOLAPATTY GOLAGHAT ASSAM 785621

4: GAUTAM BORA

S/O LILA KANTA BORA

RESIDENT OF HATIGAON NEAR HATIGAON HIGH SCHOOL GUWAHATI 781038 ASSAM

5: BHASKAR MAHANTA S/O SARAT MAHANTA BAKARIGAON

PO MORIGAON DIST MORIGAON ASSAM 782105

6: ANAMIKA TALUKDAR D/O LAKSHMI KANTA TALUKDAR

RESIDENT OF VILLAGE JAPARKUCHI PO TERECHIA PS NALBARI ASSAM 781334

7: MRIGANAV DEBNATH S/O ANIL CH. DEBNATH

RESIDENT OF AMOLAPATTY

PO MORIGAON DIST MORIGAON ASSAM 782105

8: KANGKANA DEORI Page No.# 30/46

D/O HERAMBA DEORI

RESIDENT OF AEC CAMPUS JALUKBARI DIST KAMRUP M ASSAM 781013 ASSAM

9: GAYATRI ADHIKARY D/O BHUPENDRA NARAYAN ADHIKARY RESIDENT OF NEAR AG COLONY KALIMANDIR PATH

HOUSE NO. 1 A BEHARBARI GUWAHATI 781029 ASSAM

10: MD. MOFIZUL ISLAM S/O MD. HUSSAIN ALI

RESIDENT OF VILLAGE CHALBANDA PO BARKANANDA PS BILASIPARA DIST DHUBRI ASSAM 783348

11: ALAKESH SARMAH

S/O NABIN SARMAH RESIDENT OF VILLAGE KOTHORA PO JAMTOLA RANGIA DIST KAMRUP ASSAM 781354

12: DR. NETRAMONI BARUAH S/O JIBON CHANDRA BARUAH RESIDENT OF CHALCHALI RANGIA GAON PO CHALCHALI DIST NAGAON ASSAM 782141

13: ANKUR DAS S/O BIRENDRA NATH DAS

PO BARPETA ROAD DIST BARPETA ASSAM 781335

14: RAJIB KALITA S/O NARAYAN KALITA Page No.# 31/46

RESIDENT OF KRISHNA NAGAR

PO AND DIST NALBARI ASSAM 781335

15: KANKANA KASHYAP W/O RABINDRA CHANDRA DAS

RESIDENT OF UTTARANANDANAGAR GANESH MANDIR PATH NEW GUWAHATI PO NOONMATI GUWAHATI 781020 ASSAM

16: BHASKAR JYOTI PATHAK S/O KHANINDRA NATH PATHAK RESIDENT OF VILLAGE AND PO CHENGA PS TARABARI DIST BARPETA ASSAM 781305

17: RAHUL SWARGIARY S/O HITESH SWARGIARY

GAONBURA PATH PATHARQUARY GUWAHATI 781171

18: HELENA AHMED

D/O KABELUDDIN AHMED

PO SONKUCHI DIST BARPETA ASSAM 781314

19: SNIGDHA DAS

D/O SANJOY DAS

RESIDENT OF CHANDMARI AEI ROAD

GUWAHATI 3 ASSAM

20: PALLABI DAS

D/O PRAFULLA CHANDRA DAS Page No.# 32/46

RESIDENT OF PUB SURUJNAGAR KAHILIPARA GUWAHATI 781019

21: JUMILEE GOGOI D/O NIREN GOGOI

SHIVA NATH GOGOI PATH PANJABARI GUWAHATI 37 ASSAM

22: SABIHA RAIYESHA D/O ATAUR RAHMAN

RESIDENT OF TR PHOOKAN ROAD MACHKHOWA GUWAHATI 781009 ASSAM

23: NITISHA BORDOLOI W/O DR GITARTHA BORDOLOI RESIDENT OF APARTMENT 2A

SHANKARDEV PATH PUB SARANIA ROAD GUWAHATI ASSAM 781003

24: BIPASHA SARMA D/O KHAGENDRA NATH DEV SARMA

RESIDENT OF THANA ROAD DHING TOWN PO DHING DIST NAGAON ASSAM 782123

25: MANASHI TALUKDAR

D/O GAJEN TALUKDAR RESIDENT OF THAMNA PS MUSHALPUR DIST BAKSA 781377 ASSAM

26: DHRUBAJIT KALITA S/O BANKIM KALITA RESIDENT OF KHARJARA PO GOPAL BAZAR DIST NALBARI ASSAM 781353

27: SAURAV BHATTACHARJEE Page No.# 33/46

S/O JYOTIRMOY BHATTACHARJEE

LANE NO. 14 FRIST LINK ROAD DIST SILCHAR ASSAM 788006

28: SANJIB BISWAS S/O LOKESH BISWAS

RESIDENT OF VILLAGE RAMNAGAR (NO.2) PO AZARBARI PS LANKA DIST. HOJAI ASSAM 782442

29: IMDADUL HUSSAIN S/O AMZAD HUSSAIN RESIDENT OF BILASIPARA

SURJYAKHATA PO BILASIPARA DIST DHUBRI ASSAM 783348 ASSAM

30: NILAKSHI KAKATI D/O LATE BIREN KAKTI

UTTARAYAN PATH SIX MILE CHACHAL KHANAPARA GUWAHATI 781022 ASSAM VERSUS

THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWAHATI 06

2:THE SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION (TECHNICAL) DEPARTMENT DISPUR GUWAHATI 6 ASSAM

3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION (TECHNICAL) DEPARTMENT DISPUR GUWAHATI 6 ASSAM Page No.# 34/46

4:THE DIRECTOR OF TECHNICAL EDUCATION ASSAM DIRECTORATE OF TECHNICAL EDUCATION KAHILIPARA GUWAHATI 781019

5:ASSAM ENGINEERING SERVICE RECRUITMENT BOARD

REPRESENTED BY ITS MEMBER SECRETARY ASSAM TEXTILE INSTITUTE CAMPUS GUWAHATI 781001 ASSAM

------------

BEFORE HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

For the petitioners : Mr. D. Das ...Sr. Advocate.

                                Mr. H.K. Nath                ... Advocate.


For the State respondents nos.: Mr. K. Gogoi         ... GA, Assam.


For the respondents 17 to 32 : Mr. U.B. Sharma        ... Advocate.
in WP(C) 8795/2019


For the APSC                  : Mr. S.P. Sharma       ... Advocate.


Date of hearing              :   23.01.2025

Date of Judgment             : 28.01.2025

                           JUDGMENT AND ORDER (CAV)

1. Heard Mr. D. Das, learned Senior Counsel assisted by Mr. H.K. Nath, learned counsel appearing for the petitioner in all the three writ petitions. Also heard Mr. K.Gogoi, learned counsel for the State respondents while Mr. U.B. Sharma, learned counsel appears for respondent Nos.17 to 32 in WP(C)/8795/2019. Ms. Page No.# 35/46

P.Sharma, learned counsel appears on behalf of Mr. T.J. Mahanta, learned Senior Counsel for the Assam Public Service Commission (APSC).

2. The three writ petitions are being taken up together in view of the fact that the issue to be decided is the same in all the three writ petitions. The petitioners in WP(C) 9795/2019 and WP(C) 157/2025 are the same, i.e, they are working as Guest/Part Time Lecturers (Technical) in various Polytechnics, while the petitioners in WP(C) 159/2015 are working as Guest/Part Time Lecturers (Non-Technical).

3. The case of all the writ petitioners is that as they have been working for a period of 7/8 years in various Polytechnics as Guest/Part Time Lecturers against sanctioned posts and were selected after the posts were advertised. Thus, their services should be regularized. The prayers of the petitioners is that the impugned advertisement dated 30.12.2024, for filling up 138 regular vacant posts of Lecturers (Technical) and 96 regular vacant posts of Lecturers (Non- Technical), should be set aside, in view of the fact that the services of the petitioners, who have been working as Guest/Part-Time Lecturers for 7/8 years in various Polytechnics, should be regularized.

4. The facts of the case is that pursuant to an advertisement dated 24.12.2016 for engagement of Guest/Part-Time Lecturers in new Polytechnics, the petitioners participated in the same and they were selected. After the selection process was over, the Joint Secretary to the Government of Assam, Higher Education Department wrote a letter dated 13.02.2017 to the Director of Technical Education, Assam conveying the approval of the Government in the Higher Education Department for engagement of the petitioners from April, 2017, subject to the condition that -

Page No.# 36/46

i. Appointment should be purely temporary basis till regular appointment of faculties against created posts.

ii. Salary/remuneration should be fixed pay only. iii. All the existing procedures, if any, should be strictly followed for appointment of the Guest/Part-Time Faculties.

5. Consequent to the above, the petitioners were appointed as Guest/Part Time Lecturers (Technical) and (Non-Technical) for an initial period of 6 months in February, 2017. One appointment order, which is similar to others is reproduced hereinbelow, as follows :

"On compliance and submission of undertaking as per Letter No. TE(E)A- 1/2016/498 Dated 01.02.2017, this letter of engagement is issued to you to serve as Guest/ Part-Time Faculty against the post sanctioned vide Govt. Letter No. ATE.141/2016/65 Dated 23.12.2016 in Mechanical Engineering at Baksa Polytechnic, Belguri Pather with a monthly fixed remuneration of Rs.25,000/-. You are to report to the office of the undersigned on 01.04.2017 positively for undertaking your duties of engagement for commencement of academic session at Baksa Polytechnic in particular and in any other Polytechnic in general as directed. This engagement is initially for a period of six months from the date of reporting and may be renewed 25 per requirement of the Department. However, this engagement shall not be claimed for regular appointment."

6. 3 months after the petitioners' appointments, the State respondents issued an advertisement dated 25.05.2017, for filling up of 113 vacant posts of Lecturers (Technical) and 86 posts of Lecturers (Non-Technical). The present writ petitioners herein, instead of submitting their applications to take part in the selection process for regular appointment, challenged the advertisement Page No.# 37/46

dated 25.05.2017, vide WP(C) 8975/2019, on the ground that they had a right to have their services regularized, against the posts which were advertised. This Court, vide order dated 29.11.2019, directed that the services of the petitioners should not be disturbed without the specific leave of this Court. This Court in the order dated 29.11.2019 passed in WP(C) 8795/2019 held as follows :

"The petitioners claim that they were appointed as Guest Lecturers in the 10 Polytechnics in the State of Assam. Though their initial appointments were contractual in nature, they were made to understand that in due course, their services would be regularized. Therefore, they have been rendering their services virtually as regular employees as Guest Lecturers. Petitioners claim that they had been appointed as Guest Lecturers after facing a regular recruitment process and after having been selected in a public competition.

It has been accordingly submitted that if the posts which have been now advertised vide advertisement dated 25th May, 2017 are filled up on regular basis, this petition would become virtually infructuous. It has been submitted that as mentioned in the order dated 26.09.2019, the term of appointment of the petitioners is valid up-to 31.12.2019. However, as mentioned in Clause 4 of the said order, their services may be terminated at any time. Accordingly, petitioners are apprehensive that their services may be terminated by invoking Clause 4 of the said order.

Be that as it may, all these aspects will be considered and an attempt shall be made to dispose of the petition on the next date on filing of return by the respondents as already indicated above.

Till then, services of the petitioners may not be disturbed without specific leave of this Court.

List on 27.01.2020."

judgment and order dated 02.07.2024, by setting aside the advertisement dated 25.05.2017, in so far as it related to filling up the 113 posts of Lecturers (Technical) and 86 posts of Lecturers (Non-Technical), due to the fact that the Assam Technical Education Service Rules, 1981 (hereinafter referred to "1981 Rules"), which empowered the APSC to conduct the selection process, had been amended in the year 2020 and the said power to conduct the selection process had been given to the Assam Engineering Services Recruitment Board. This Court, vide the said judgment and order dated 02.07.2024 passed in WP(C) 2089/2020, also gave liberty to the State respondents to take appropriate steps to fill up the said 113 regular vacant posts of Lecturers (Technical) and 86 regular vacant posts of Lecturers (Non-Technical) in accordance with the amended 1981 Rules.

8. Consequent to the above judgment and order dated 02.07.2024 passed in WP(C) 2089/2020, the State respondents have issued the present impugned advertisement dated 30.12.2024, which has been put to challenge by the petitioners.

9. The petitioners' counsel submits that the petitioners have the required eligibility criteria to have their services as Lecturers (Technical) and (Non- Technical) regularized. Further, they were appointed against regular sanctioned posts after going through a selection process, in pursuant to the advertisement dated 24.12.2016. He submits that the petitioners were thereafter appointed on a fixed pay as Guest/Part Time Lecturers.

10. The petitioners' counsel submits that even though the unamended Rule 6 Page No.# 39/46

of the 1981 Rules provided that the Assam Public Service Commission (APSC) was to issue the advertisement and the selection of the candidates for appointment as Lecturers was to be done by the APSC, the same had been done by the Director of Technical Education, Assam and not by the APSC. He submits that due to the above anomaly, the appointment of the petitioners can be deemed to be an irregular appointment and not an illegal appointment, in terms of the law laid down by the Supreme Court in the case of Siraj Ahmed vs. State of Uttar Pradesh & Another , reported in (2020) 19 SCC 480 and in the case of Secretary, State of Karnataka & Others vs. Umadevi (3) & Others, reported in (2006) 4 SCC 1

11. The petitioners' counsel submits that in the case of Jaggo vs. Union of India & Others, reported in 2024 SCC OnLine SC 3826, the Supreme Court held that where appointments were not illegal but possibly irregular, and where employees had served continuously against the backdrop of sanctioned posts for a considerable period, the need for a fair and humane resolution becomes paramount. Prolonged, continuous and unblemished service, performing tasks inherently required on a regular basis can over time, transform what was initially ad-hoc or temporary into a scenario demanding fair regularization. He submits that in terms of the above case in Jaggo (supra) , the Courts must look beyond the surface levels and consider the realities of continuous long term employment.

12. The petitioners' counsel also relied upon the Division Bench judgment of the Bombay High Court in the case of Sachin Ambadas Dawale & Others vs. State of Maharashtra & Another, reported in 2014 (2) Mh.L.J 36, Page No.# 40/46

wherein regularization of the temporary Lecturers therein were directed to be made, as the Government had not made appointment of Lecturers for a period of more than 10 years, through a selection process to be conducted by the Public Service Commission.

He submits that as the petitioners herein have all the eligibility criteria for regular appointment to the posts of Lecturers (Technical) and Lecturers (Non- Technical) in terms of the 1981 Rules, the long period of service of the petitioners as Guest/Part Time Lecturers should be regularized.

13. Mr. K. Gogoi, learned counsel for the State respondents, on the other hand submits that prior to the advertisement dated 30.12.2024, the State respondents had issued another advertisement dated 21.02.2023, for filling up 80 nos. vacant posts of Lecturers (Technical) and 57 nos. vacant post of Lecturers (Non-Technical). As the petitioners had participated in the selection process for regular appointment in terms of the advertisement dated 21.02.2023, the petitioners had waived their right to claim regularization of their services. He also submits that the 1981 Rules was amended in 2020. Prior to 2020, the selection process for filling up the vacant posts of Lecturers (Technical) and Lecturers (Non-Technical) vested with the Assam Public Service Commission. However, with the amendment of the 1981 Rules, the selection process was to be conducted by the Assam Engineering Service Recruitment Board. He submits that when the present impugned advertisement dated 30.12.2024 has been made due to the State respondents being given the liberty to do the same, in terms of the judgment passed by this Court in WP(C) 2089/2020, this Court cannot act/sit as an appellate authority, over a judgment of a coordinate Bench. He also submits that the petitioners have no right to Page No.# 41/46

claim regularization due to they being in service for a period of 7/8 years, in terms of the judgment of the Supreme Court in Ganesh Digamber Jambhrunkar & Others vs. State of Maharashtra & Others , reported in 2023 SCC OnLine SC 1417.

14. Mr. D. Das, learned Senior Counsel for the petitioners submits that the petitioners have not waived their right to have their services regularized, just because they took part in the selection process for filling up the posts of Lecturers pursuant to the advertisement dated 21.02.2023. The petitioners' counsel submits that the petitioners were appointed as Guest/Part Time Lecturers in February, 2017, while the posts which were to be filled up pursuant to the advertisement dated 21.02.2023 were in relation to the posts which had become vacant since 25.05.2017, as has been reflected in Note-2 of the advertisement date 21.02.2023. He also submits that even though a Coordinate Bench of this Court had set aside the advertisement dated 25.05.2017 and given the liberty to the State respondents to advertise the said posts afresh, the petitioners' prayer with regard to regularization of their services had not been affected by the decision of the Coordinate Bench of this Court.

15. I have heard the learned counsels for the parties.

16. In the case of Ganesh Digamber Jambhrunkar (supra), the Supreme Court while taking into consideration the case of State of Karnataka vs Umadevi (3), reported in (2006) 4 SCC 1, held that no legal right is created in favour of a person who has worked for a long period of time on contractual basis to be appointed on a regular basis, only because the person had served Page No.# 42/46

for a long period of time.

17. Judgments referred to by the counsels for the parties, all relate back to the judgment of the Constitution Bench of the Supreme Court in Uma Devi (3) (supra). Though the Supreme Court Umadevi (3) (supra) had deprecated the bypassing of the constitutional scheme, by employing persons without following a regular procedure or even through backdoor or on daily wages, the Hon'ble Supreme Court had kept in mind the fact that a number of persons had worked long years in duly sanctioned posts after a process of selection had been taken. As such, a onetime concession had been given for those persons who had worked for long continuous years on the basis of an irregular appointment and not illegal appointment.

18. In the case of Umadevi (3) (supra), which was decided on 10.04.2006, the Supreme Court has held that a temporary, contractual, casual or daily wage employees does not have a legal right to be made permanent, unless they have been appointed in terms of the relevant Rules or in adherence to Article 14 & 16 of the Constitution. However, the Supreme Court in paragraph No. 53 of Uma Devi (3) (supra), had directed the Union of India, the State Governments and their instrumentalities to take steps for regularization as a "one-time measure", the services of irregularly appointed persons, who had worked for 10 years or more in duly sanctioned posts, but not under the cover of the orders of the Courts or of Tribunals. Paragraph No. 53 of the judgment of the Supreme Court in Uma Devi (3) (supra) was thereafter clarified by the Supreme Court in the case of State of Karnataka & Others Vs. M.L. Kesari, reported in 2010 9 SCC 247, wherein it held that an exception to the general principles against the Page No.# 43/46

regularization was allowed in Uma Devi (3) (supra), if the following conditions were fulfilled.

"(i) The employee concerned should have worked for 10 years or more in duly sanctioned post without the benefit or protection of the interim order of any court or tribunal. In other words, the State Government or its instrumentality should have employed the employee and continued him in service voluntarily and continuously for more than ten years. (ii) the appointment of such employee should not be illegal, even if irregular. Where the appointments are not made or continued against sanctioned posts or where the persons appointed do not possess the prescribed minimum qualifications, the appointments will be considered to be illegal. But where the person employed possessed the prescribed qualifications and was working against sanctioned post, but had been selected without undergoing the process of open competitive selection, such appointments are considered to be irregular".

19. In the present case the petitioners had taken part in the selection process pursuant to the advertisement dated 24.12.2016, for engagement of Guest/Part Time Lecturers. The advertisement and the selection process was to have been conducted by the APSC as per the 1981 Rules. However, the same was not done by the APSC and it was done by the Director, Higher Education Department. Thus, the selection of the petitioners was done de hors the Rules. The petitioners were thereafter selected for appointment as Guest/Part Time Lectures and permission for engaging them was made to the State Government, which was given by the State Government with certain conditions. The permission for engaging the petitioners clearly reflected the fact that the petitioners appointments would be temporary till regular appointments were made. The salary would be fixed pay. The appointment letters issued to the petitioners also clearly stated that their engagement would be for 6 months and Page No.# 44/46

they could not make a claim for regular appointment. Knowing fully well the conditions of their engagement, the petitioners were appointed in February, 2017. Even before 6 months had elapsed and during the subsistence of their engagement period, advertisement dated 25.05.2017 was issue for making regular appointments to the posts of Lecturer (Technical) & (Non Technical). Instead of the petitioners submitting their applications for taking part in the selection process for filling up the posts of Lecturer (Technical) & (Non Technical) on regular basis, the advertisement dated 25.05.2017 was put to challenge by the petitioners, vide WP(C) 8795/2019, with a further prayer that their services should be regularised. This Court gave protection to the petitioners, by directing the respondents not to disturb the services of the petitioners without the leave of the Court, vide interim order dated 29.11.2018 passed in WP(C) 8795/2019. As can be seen from the above facts, the petitioners' case for regularization does not come within the conditions laid down by the Supreme Court in Umadevi (3) (supra) and M.L. Kesari (supra), wherein an employee could be considered for regularisation, if he had worked for 10 years or more in a duly sanctioned post, without the benefit or protection of an interim order of any Court or Tribunal. In the present case, the petitioners are still working as Guest/Part Time Lecturers on the basis of the protection given vide interim order dated 29.11.2019 passed in WP(C) 8795/2019. When the Constitution Bench of the Supreme Court in Umadevi (3) (supra) does not allow for counting of the services of temporary, contractual employees under the protection of an order of a Court for the purposes of regularisation, the petitioners cannot claim regularization on the ground that they have worked continuously as Guest/Part-Time Lecturers for the period beyond the requirement of the State respondents. The petitioners should Page No.# 45/46

have participated in the selection process pursuant to the advertisement dated 25.05.2017, inasmuch as, on the date of issuance of the said advertisement dated 25.05.2017, the petitioners had only completed approximately 3 months of service as Guest/Part-Time Lecturers.

20. The above being said, the further fact remains that the advertisement dated 25.05.2017 was set aside by a Coordinate Bench of this Court in WP(C) 2089/2020, due to the fact that the selection process for filling up the vacant post of Lecturers was to be conducted by the Assam Engineering Service Recruitment Board only, instead of the APSC from the year 2020, as the 1981 Rules had been amended. However, the Coordinate Bench while disposing of WP(C) 2089/2020, gave liberty to the State respondents to advertise the same posts that were advertised in the advertisement dated 25.05.2017 afresh, for filling up the same as per the amended 1981 Rules. Thus, when the Coordinate Bench has allowed the State respondents to re-advertise the same posts mentioned in the earlier advertisement dated 25.05.2017, by way of the present impugned advertisement dated 30.12.2024, the prayer of the petitioners for setting aside the impugned advertisement dated 30.12.2024 cannot be considered by this Court, inasmuch as, this Court does not have any appellate jurisdiction/authority over the judgment of the Coordinate Bench passed in WP(C) 8795/2019.

21. It is also to be noted that the petitioners had taken part in the selection process for filling up the post of Lecturers (Technical) and Lecturers (Non- Technical) on regular basis, pursuant to the advertisement dated 21.02.2023. When the petitioners had taken part in the selection process for filling up the regular post of Lecturers (Technical) & (Non Technical) in terms of the Page No.# 46/46

advertisement dated 21.02.2023, there can be no reasonable explanation for the petitioners to challenge the impugned advertisement dated 30.12.2024 and it can be said that the petitioners had waived any right they might have had, by the said participation. However, the petitioners do not have any right to regularisation of their services and the petitioners can participate in the selection process pursuant to the advertisement dated 30.12.2024.

22. It is also seen that at the time of selection and appointment of the petitioners, the petitioners had been selected by the Director of Technical Education and not by the APSC, which was de hors the 1981 Rules. Accordingly, this Court does not find any ground to direct the respondents to consider regularising the services of the petitioners. Besides, this Court is of the view that the decisions cited by the parties do not support the case of the petitioners.

23. In view of the reasons stated above, this Court does not find any ground to set aside the impugned advertisement dated 30.12.2024 issued by the Chairman, Assam Engineering Service Recruitment Board, insofar as it relates to the post of Lecturers (Technical) & (Non Technical) in the various departments of the respective Polytechnic Colleges of Assam. The further prayer for regularizing the services of the petitioners in the sanctioned regular posts is also rejected due to the reasons given in the foregoing paragraphs.

24. All the three writ petitions are accordingly dismissed.

JUDGE

Comparing Assistant