Gauhati High Court
Page No.# 1/29 vs The State Of Assam And 5 Ors on 26 September, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/29
GAHC010049122023
2025:GAU-AS:13368
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1264/2023
SASANKA BUJAR BARUAH AND 15 ORS
SON OF DR. KULEN BUJAR BARUAH, RESIDENT OF- HOUSE NO. 21
BYLANE 06 JANAPATH NABIN NAGAR GUWAHATI P.O. ZOO ROAD, P.S.
GITA NAGAR, DIST- KAMRUP (M), ASSAM, PIN- 781024
2: MS. KAVERI BORO
DAUGHTER OF PRADIP KUMAR BORO
PERMANENT ADDRESS- VILL- 1 NO. DAKUAPARA
P.O- BOKO
P.S.-BOKO
DIST.- KAMRUP(R) PIN-CODE- 781123
3: MANAS PRATIM NATH
SON OF KHAGENDRA KUMAR NATH
RESIDENT OF- WARD NO -8
SANKAR NAGAR
MANGALDAI
ASSAM
PINCODE-784125
4: MS. DHANASHREE DEVI
DAUGHTER OF AMIYA KUMAR NATH
RESIDENT OF- VILL. NO.1 KALAIGAON
P.O. AND P.S.-KALAIGAON
DIST- UDALGURI
PINCODE-784525
5: BISHNUBRAT HAZARIKA
S/O.- SAYTENDRAJIT HAZARIKA
R/O.- MILIJULI PATH
SIPAHIGAON
P.O. AND P.S.- JOYSAGAR
DIST- SIBSAGAR
PIN CODE 785665
Page No.# 2/29
6: MANASH JYOTI MECH
S/O.- SANJIB MECH
R/O.- DUPANI
NITAIPUKHURI
P.S.-DEMOW
P.O.- NITAIPUKHURI
DIST- SIBSAGAR
PIN CODE-785671
7: CHAMPAK DAS
S/O.- BHABANANDA DAS
R/O.- BHOTEPOWA BARI
P.O.- CHARNA BAZAR
DIST- BAKSA
P.S.- SIMLA
PIN CODE-781328
8: ARUNJYOTI MIRI
S/O- SUDHAN KONWAR MIRI
R/O.- BAMUN DOLONI
P.O.-PAHUMARA
DIST-LAKHIMPUR
PIN CODE-787031
9: UTPAL KALITA
S/O.- LATE BANESWAR KALITA
R/O.- SWAHID NAGAR
NOONMATI
P.S.- NOONMATI
GUWAHATI
DIST- KAMRUP (M)
PIN CODE-781020
10: TARIK AZIZ
S/O.- MANSOUR ALI
R/O.- H.NO.141
KUSHALNAGAR NO.2
P.S.- SONAPUR
DIST- KAMRUP (M)
PIN CODE-782402
11: DR. KHAMMOUN PHUKAN
S/O.- KESHAB PHUKAN
R/O.- BOKOTA KORONGA
VILLAGE AND P.O.- HOLOGURI
P.S.-NEMUGURI
DIST- SIVASAGAR
Page No.# 3/29
PIN CODE-785673
12: MONJUR HASSAN BARBHUIYA
S/O.- ISLAM UDDIN BARBHUIYA
R/O.- MAZIRGRAM
SONAI
P.O.-SONAIMUKH
DIST- CACHAR
PIN CODE-788119
13: SAYAN DAS
S/O.- PROJIT KUMAR DAS
R/O.- NILMONI ROAD
NABAKUMAR LANE
DIST- KARIMGANJ
PIN CODE-788710
14: RAJESH DEKA
S/O.- DHARMESWAR DEKA
R/O.- NALANIPAM
WARD NO.05
P.O. AND P.S. AND DIST.-DHEMAJI
PIN CODE-787057
15: DR. MD. HELAL AHMED
S/O.- ABDUL HAQUE
R/O.- VILL. AND P.O.-KANISHAIL
DIST- KARIMGANJ
PIN CODE-788711
16: JUBI BEGUM
D/O- SAMSER ALI
R/O- VILL- DOLAITOLA
P.O- SANIADI
P.S- HAJO
DIST- KAMRUP (R)
PIN CODE- 78110
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, DEPARTMENT OF HIGHER EDUCATION, DISPUR, GUWAHATI-
781006.
2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
HIGHER EDUCATION (TECHNICAL) DEPARTMENT
GOVT. OF ASSAM
Page No.# 4/29
DISPUR
GUWAHATI- 781006.
3:THE DIRECTOR OF TECHNICAL EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-781019
4:THE COMMISSIONER
FINANCE (EC-III) DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
5:THE ASSAM PUBLIC SERVICE COMMISSION (APSC)
KHANAPARA
GUWAHATI-22 REPRESENTED BY ITS CHAIRMAN OR SECRETARY
6:ASSAM ENGINEERING SERVICE RECRUITMENT BOARD
ASSAM TEXTILE INSTITUTE
GUWAHATI-01
REPRESENTED BY ITS CHAIRMA
Advocate for the Petitioner : MR. K N CHOUDHURY, A J KASHYAP (P1-P3, P5-P7, P16),MR H
K NATH (P1-P3, P5-P7, P16),G. GOSWAMI (P1-P3, P5-P7, P16),MS A M DCOSTA,MR S
SARMAH,MR. P BORAH,MR. S HAZARIKA
Advocate for the Respondent : SC, HIGHER EDU, SC, FINANCE,SC, APSC
Linked Case : WP(C)/1271/2023
BHARADWAJ CHOUDHURY AND 7 ORS
SON OF BIBEKANANDA CHOUDHURY
RESIDENT OF HOUSE NO- 22
TARAJAN
JORHAT P.S- JORHAT
PIN-CODE- 785001
2: MS JONALI DAIMARY
DAUGHTER OF SHRI KAMALESWAR DAIMARY
RESIDENT OF VILL- SARUFULCHAKI
GORESHWAR
BAKSA
P.S AND P.S- GORESHWAR
PIN-CODE- 781366
Page No.# 5/29
3: MS. KARISHMA GOGOI
DAUGHTER OF LAKHESWAR GOGOI
RESIDENT OF MAKUM
DIST- TINSUKIA
PIN-CODE- 786125.
4: MS. KHAGANA BURAGOHAIN
SON OF RUBUL GOHAIN
RESIDENT OF- RATNPUR MILAN NAGAR
NAMGHAR PATH
DISTRICT- DIBRUGARH
P.O- C.R BUILDING
PIN-CODE- 786003.
5: MS SAHEERA AZMI HAZARIKA
DAUGHTER OF IMDAD HUSSAIN HAZARIKA
RESIDENT OF - JAILROAD JORHAT
P.O AND P.S- JORHAT.
6: DIBYA JYOTI DANG
SON OF DUREN CHANDRA DANG
RESIDENT OF GREENLAND VILLAGE VIA RATANPUR
DHEMAJI PIN-CODE- 787057
7: RITURAJ NATH
SON OF NARESWAR NATH
RESIDENT OF VILL- PUB-KHAGRABARI
P.O- JALAHGHAT
P.S- SIMLA
DISTRICT- BAKSA (BTAD)
PIN-CODE- 781327
8: MS. PALLABI PATOWARY
DAUGHTER OF KUMUD CHANDRA PATOWARY
RESIDENT OF VILL- BIHDIA
DISTRICT- KAMRUP
P.O- BIHDIA
P.S- BAIHATA CHARIALI
PIN-CODE- 781381
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
DEPARTMENT OF HIGHER EDUCATION
DISPUR
GUWAHATI- 781006
Page No.# 6/29
2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
HIGHER EDUCATION (TECHNICAL) DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI- 781006.
THE DIRECTOR OF TECHNICAL EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-781019
3:THE DIRECTOR OF TECHNICAL EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-781019
4:THE ASSAM ENGINEERING SERVICE RECRUITMENT BOARD
ASSAM TEXTILE INSTITUTE CAMPUS
AMBARI
GUWAHATI REPRESENTED BY ITS CHAIRMAN
5:THE ASSAM PUBLIC SERVICE COMMISSION (APSC)
KHANAPARA
GUWAHATI-22 REPRESENTED BY ITS CHAIRMAN OR SECRETARY
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
HIGHER EDU appearing for THE STATE OF ASSAM AND 5 ORS
Linked Case : WP(C)/1267/2023
RAHUL NATH AND 33 ORS
SON OF SRI HIREN NATH
BISHNU PATH
LOKHRA NOONMATI
GUWAHATI
PIN-CODE- 781040
2: MS. RACKTACKSHREE CHELLENG
D/O. LAKHINDRA CHELLENG
PERMANENT RESIDENT OF- MANCOTTA
KACHARIBARI DIBRUGARH
PIN-CODE- 786003
3: MS. DIPIKA BORDOLOI
DAUGHTER OF NILEN BORDOLOI
RESIDENT OF- UTTAR BALIPARA
RAHA
Page No.# 7/29
PIN-782103
DISTRICT- NAGAON
ASSAM
4: MS. MIMLI DAS
DAUGHTER OF RAJANI KANTA DAS
PERMANENT RESIDENT OF HOUSE NO-23
LUIT PATH
JYOTINAGAR
GUWAHATI
PIN-CODE- 781021
5: MANAS JYOTI BHARALI
SON OF SRI ATUL BHARALI
RESIDENT OF VILLAGE-- PUB PANERI
P.O.- PANERIHAT
P.S.-PANERI
DISTRICT- UDALGURI
PIN-784523
6: KULDEEP DEKA
SON OF LT. BIPUL CH. DEKA
PERMANENT RESIDENT OF HOUSE NO -33
VILLAGE- PACHARIA (UJANTOLSUBURI)
PIN-CODE- 781104
7: SASANKA SEKHAR SARMAH
SON OF SRI PRAFULLA KUMAR SARMAH
PERMANENT RESIDENT OF DRONA COACHING CENTRE BUILDING
CHOLADHARA CHARI ALI
CHOLADHARA
PO-JORHAT
PS- JORHAT
JORHAT
ASSAM
PIN-CODE- 785001
8: MS. SANCHITA NATH
DAUGHTER OF SRI BASANTA KUMAR NATH
PERMANENT RESIDENT OF BOKAKHAT TOWN
WARD NO-3
P.O.- BOKAKHAT
P.S.- BOKAKHAT
GOLAGHAT
ASSAM
PIN-CODE- 785612
9: MS. NIDARSHANA NEELAM
Page No.# 8/29
D/O- JITU CH. SARMAH BORDOLOI
R/O.- SONALI JAYANTI NAGAR
BY LANE-8
TARAJAN
PO-JORHAT
PS- PULIBOR
JORHAT
ASSAM
PIN-CODE- 785001
10: MS. GEETA KULI
D/O.- SUKUDHAR KULI
MIRI PATHAR
ARADHOL NAGAKHELIA
PO- ARADHOL
PS- DHEMAJI
DHEMAJI
ASSAM
PIN-CODE- 787057
11: SHIVAM NATH
SON OF- SHISHIR NATH
R/O.- VILL. UTTARJOSNABAD PART-I
DIST. HAILAKANDI
PO-LALA
PS- LALA
ASSAM
PIN-CODE- 788163
12: SARBOJYOTI DEB PURKAYASTHA
S/O- SITANGSHU DEB PURKAYASTHA
R/O.- CENTRAL ROAD
SILCHAR-1
OPP.SWAMI MEDICAL HALL
DIST. CACHAR ASSAM
PO- SILCHAR PS- SILCHAR
PIN-CODE- 788001
13: DINESH KUMAR PASSI
S/O.- RAMSURAT PASSI
R/O.- KHANAMUKH
NEPALIGAON
PO- MADHURI PATHAR
PS- SILAPATHAR
DHEMAJI
PIN - 787059
Page No.# 9/29
14: DEBASISH SAMAJPATI
S/O.- LATE DWIJENDRA LAL SAMAJPATI
R/O.- ANNAPURNA ROAD
KATIRAIL
PO- KATIRAIL
PS- KATIGORAH
CACHAR
ASSAM
PIN - 788804
15: KAUSHIK DUTTA
S/O.- DILIP DUTTA
R/O.- GNB ROAD
NEAR GAURIPUR FIELD
PO- DHUBRI
PS- DHUBRI
DHUBRI
PIN-783301
16: ZARIR SUBBANI ISLAM
S/O.- RAFIQUALISLAM
R/O.- HOWLY TOWN
WARD NO.-8
PO- AMBARI
PS- HOWLY
BARPETA
PIN- 781316
17: MS. RIMPI HATI BARUAH
D/O.- BHUPEN HATI BARUAH
R/O. - NAKESHA APARTMENT
JILIKA PATH
PANJABARI
PS- DISPUR
GUWAHATI
PIN - 781037
18: MS. NILAKSHI DEVI
D/O.- JNAN CHANDRA NATH
R/O.- BHASKAR NAGAR
PO- BAMUNIMAIDAM
PS- GEETANAGAR
ASSAM
GUWAHATI
PIN - 781021
19: ABARNAN RAJKHOWA
Page No.# 10/29
S/O.- KHOGEN RAJKHOWA
R/O.-KHUKAMARALAWJAN GAON
CHARAIDEO
ASSAM
PIN-785673
PS- MORANHAT
PO- DUBBA
20: ROCKY ENGTI
S/O.- LATE LONGKIENGTI
R/O.- PAN ENGTI VILL.
PO- HOWRAGHAT
PS- HOWRAGHAT
KARBI ANGLONG
PIN- 782481
21: MANASH JYOTI GOGOI
S/O.- ARUP KUMAR GOGOI
R/O.- LOHONG KACHARI GAON
MADHAPUR TITABAR
DISTRICT- JORHAT
P.O- MADHAPUR
P.S- TITABAR
22: MS. NITAMANI CHOUDHURY
DAUGHTER OF- JOGESH CHANDRA CHOUDHURY
RESIDENT OF- VILLAGE-KARARA
P.O.- KARARA
P.S.- BAIHATACHARIALI
KAMRUP
PINCODE- 781381
23: MS. ARJUARA BEGUM
DAUGHTER OF AYUB ALI
RESIDENT OF- VILL- GERAMARI PART-IV
P.O- ALOMGANJ
P.S-GAURIPUR
DIST- DHUBRI
ASSAM
PINCODE-783339
24: AMALENDU SINHA
SON OF LATE RANENDRA KUMAR SINHA
RESIDENT OF VILLAGE-RAJARGAON
P.O- PATHARKANDI
DISTRICT-KARIMGANJ
ASSAM
PINCODE- 788724.
Page No.# 11/29
25: SONARAM BRAHMA
SON OF RAJA BRAHMA
RESIDENT OF- HABRUBARI
KOKRAJHAR
ASSAM
PIN- 783370
26: VIVEK DEKA
S/O.- BHABESH DEKA
R/O.- H.NO.28
GOSAIBARI PATH
P.S.- BASISTHA
P.O.- BELTOLA
DIST- KAMRUP (M)
PIN CODE-781028
27: PANKAJ SARMA
SON OF LATE RAMANI SARMAH RESIDENT OF -- KHATIKUCHI
PO- DHEKIPARA
PS- SIPAJHAR
DARRANG
ASSAM
PINCODE- 784145
28: ARNAB JYOTI DAS
SON OF LATE ANANDA RAM DAS
RESIDENT OF --NEAR MADHURJYA BIBAH BHAVAN
KACHARI SOLMARI (MILANPUR)
SDO(C) ROAD
RANGIA P.O. AND P.S.- RANGIA
DIST.- KAMRUP(R)
PINCODE- 781354
29: DHOROM TERON
SON OF DHONIRAM TERON
RESIDENT OF VILLAGE RAPADANG
DIST. WEST KARBI ANGLING
P.O - UMSWAI P.S - BAITHALANGSO
PIN CODE.- 782413
30: RAJDEEP KALITA
SON OF RANJAN KUMAR KALITA
RESIDENT OF - TOWN KUMAR GAON
TEZPUR
DIST - SONITPUR
P.O- TEZPUR
P.S -TEZPUR
Page No.# 12/29
PINCODE -784001
31: NASIR HUSSAIN
SON OF MIRZA HUSSAIN
RESIDENT OF VILL- GOHALIBHANGA
PO-- BURIGANG
PS- GINGIA
DISTRICT-- BISWANATH
PINCODE-- 784176
32: AYAN BHATTACHARJEE
SON OF ASHIM BHATTACHARJEE
SUNDARI MOHAN ROAD
RANGIRKHARI
SILCHAR
DISTRICT-CACHAR
ASSAM
PINCODE- 788005
33: ARJUN SARKAR
S/O SANKAR SARKAR
RESIDENT OF- BAMGAON
SILAPATHAR
DISTRICT- DHEMAJI
ASSAM
P.S- SILAPATHAR
P.O- SILAPATHAR
PINCODE- 787059
34: MAYANK KUMAR
S/O RADHESHYAM PRASAD
RESIDENT OF- BHELOWGURI BAZAAR NEAR NEFS BANK
P.O- MODERTOLI
DISTRICT- NAGAON
ASSAM
PINCODE- 782440
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
DEPARTMENT OF HIGHER EDUCATION
DISPUR
GUWAHATI- 781006
2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
Page No.# 13/29
HIGHER EDUCATION (TECHNICAL) DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI- 781006
3:THE DIRECTOR OF TECHNICAL EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-781019
4:THE COMMISSIONER
FINANCE (EC-III) DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI-781006
5:THE ASSAM PUBLIC SERVICE COMMISSION (APSC)
KHANAPARA
GUWAHATI-22 REPRESENTED BY ITS CHAIRMAN OR SECRETARY
6:ASSAM ENGINEERING SERVICE RECRUITMENT BOARD
ASSAM TEXTILE INSTITUTE
GUWAHATI-01
REPRESENTED BY ITS CHAIRMAN
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
HIGHER EDU appearing for THE STATE OF ASSAM AND 5 ORS
Linked Case : WP(C)/1275/2023
MD. ABDUL AZIZ ALI AND 5 ORS
SON OF LATE NURUL ISLAM
RESIDENT OF VILL- 1 NO. MIRIHULA VILLAGE
P.O- MORANHAT
DIBRUGARH
PIN-CODE- 785670
2: MS MANASHREE DUTTA
DAUGHTER OF SHRI BIPIN KUMAR DUTTA
RESIDENT OF NEAR HANUMAN MANDIR
TARAJAN PATH
JORHAT
P.O- JORHAT
P.S- JORHAT
PIN-CODE- 785001
3: ARUP KAR
Page No.# 14/29
SON OF LATE ASHIT KAR
RESIDENT OF VILL- 2 NO. KEREKONI
P.O- BHADOI PANCHALI
DIST- DIBRUGARH
PIN-CODE- 786191
4: PRAGYAN JYOTI BORAH
SON OF PRANABJYOTI BORAH
RESIDENT OF VILL- KAKOTIBARI
P.O- KAKOTIBARI
DISTRICT- CHARAIDEO
PIN-CODE- 785691
5: HEMANTA KUMAR PATHAK
SON OF NOGENDRA NATH PATHAK
RESIDENT OF VILL- ULUBAM
P.O- KHETRI
DISTRICT- KAMRUP (M)
PIN-CODE- 782403
6: ANUP DAS
SON OF TAPAN DAS
RESIDENT OF VILL- PUTHIMARI
P.O- ODALGURI
P.S- PATACHARKUCHI
DISTRICT- BARPETA
PIN-CODE- 781325
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
DEPARTMENT OF HIGHER EDUCATION
DISPUR
GUWAHATI- 781006
2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
HIGHER EDUCATION (TECHNICAL) DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI- 781006
3:THE DIRECTOR OF TECHNICAL EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-781019
4:THE ASSAM ENGINEERING SERVICE RECRUITMENT BOARD
Page No.# 15/29
ASSAM TEXTILE INSTITUTE CAMPUS
AMBARI
GUWAHATI REPRESENTED BY ITS CHAIRMAN
5:THE ASSAM PUBLIC SERVICE COMMISSION (APSC)
KHANAPARA
GUWAHATI-22 REPRESENTED BY ITS CHAIRMAN OR SECRETARY
6:THE PRINCIPAL
DHEMAJI ENGINEERING COLLEGE
DHEMAJI
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
HIGHER EDU appearing for THE STATE OF ASSAM AND 5 ORS
BEFORE
HON'BLE MR. JUSTICE NELSON SAILO
Advocate for the petitioners : Ms. G Goswami.
Advocate for the respondents : Mr. K Gogoi, Standing Counsel,
Higher Education Department&
Assam Engineering Service
Recruitment Board.
: Mr. S Das, Standing Counsel,
Higher Education Department.
: Mr. PP Dutta, Standing Counsel
Assam Public Service Commission.
Date of hearing : 02.09.2025
Date of judgment : 26.09.2025
JUDGMENT & ORDER (CAV)
All the writ petitions are being disposed of by this common judgment and
Page No.# 16/29
order since the issues involved are common and similar.
[2.] Heard Ms. G Goswami, learned counsel for the petitioners. Also heard Mr. K
Gogoi, learned Standing Counsel, Higher Education Department appearing for
the said Department as well as the Assam Engineering Service Recruitment
Board, Mr. S Das, learned Standing Counsel, Higher Education Department
appearing for the said Department as well as Mr. PP Dutta, learned Standing
Counsel, Assam Public Service Commission (APSC).
[3.] At the outset, it may be noted herein that not all the petitioners remain as
the contesting petitioners since some of the petitioners are said to have secured
regular appointments.The contesting petitioners in WP(C) 1264/2023 are
petitioner Nos. 1, 3, 5, 7, 8 and 16. The contesting petitioners in WP(C)
1267/2023 are petitioner Nos. 10, 11, 12, 15, 23, 24, 32 and 33. The contesting
petitioners in WP(C) 1271/2023 are petitioner Nos. 2 and 6. The contesting
petitioner in WP(C) 1275/2023 is only petitioner No. 1.
[4.] By filing these writ petitions, the petitioners have challenged the 2 (two)
impugned notices both dated 21.02.2023 by which online applications have
been invited for recruitment to the vacant posts of Lecturers both Technical and
Non-Technical in the Polytechnics under the Higher Education (Technical)
Department, Government of Assam and which was issued by the Assam
Engineering Service Recruitment Board (hereinafter referred to as the Board) in
so far as the posts in which they have been appointed earlier has been
advertised.
[5.] The case of the petitioners is that an Advertisement was issued by the
Page No.# 17/29
Director of Technical Education, Assam on 25.02.2020 for appointment to the
post of Lecturers, Technical and Non-Technical in the 5 (five) newly established
Polytechnics at Tinsukia, Morigaon, Chirang, Udalguri and Hailakandi to be filled
up under Regulation 3(f) of the Assam Public Service Commission (Limitation of
Functions) Regulations, 1951 (hereinafter referred to as"The Regulations") in
the scale of pay and grade pay as indicated in the advertisement. The
appointment was to be made purely on ad-hoc basis for a period of 4 (four)
months as per Regulation 3(f) of the Regulations. According to the petitioners,
they responded to the advertisement and after going through the rigors of the
selection process, they were appointed as Lecturers in appropriate scale of pay,
vide Notification dated 22.02.2021. Although their appointments were shown to
be for a period of 4 (four) months only with posting in the colleges/institutions
shown against each of their names w.e.f. their joining, their appointments
continued beyond the said period of 4 (four) months. Subsequently, after about
10 (ten) months of their appointments, in terms of their initial appointments and
the Cabinet decision dated 24.11.2021, an ex post facto approval was given to
their appointments made under Regulation 3(f) of the Regulations. While the
petitioners were continuing as such, to their surprise, the impugned 2 (two)
Notices both dated 21.02.2023 came to be issued by the Board inviting online
applications for recruitment to the vacant posts of Lecturers, Technical and Non-
Technical, including the posts occupied by the petitioners. Aggrieved, with such
an action, the petitioners have approached this Court through the 4 (four) writ
petitions.
[6.] Ms. G Goswami, learned counsel for the petitioners submits that 260 (two
hundred sixty) posts for the 5 (five) polytechnics have been created and
sanctioned by the Governor of Assam, which was communicated by the Joint
Page No.# 18/29
Secretary to the Government of Assam, Higher Education (Technical
Department) to the Accountant General (A&E), Assam, vide Communication
dated 05.03.2021. That it is against such sanctioned posts that the petitioners
have been appointed and therefore, their appointments cannot be considered as
an appointment made under Regulation 3(f) of the Regulations. The learned
counsel, referring to Regulation 3(f) of the Regulations submits that the same
can be adopted/invoked when an appointment is to be made by direct
recruitment to a temporary post created in a service due to exigency and when
reference to the Assam Service Public Commission (hereinafter referred to as
the Commission) would cause undue delay. She submits that if the post has
been sanctioned for or is likely to last for more than 4 (four) months, the
Commission has to be consulted as soon as possible in terms of Sub Clause 3 of
Article 320 of the Constitution of India. Since the posts have already been
created in the instant case, the appointment of the petitioners cannot be
considered as one under Regulation 3(f) of the Regulations. She also submits
that the respondents themselves have given an ex post facto approval to the
appointment of the petitioners and therefore, they are to be considered as
Lecturers appointed on regular basis and faculty members of the 5 (five)
polytechnics for all purposes.
[7.] The learned counsel also submits that the petitioners have been appointed
in the appropriate scale of pay and grade pay as per the All India Council for
Technical Education (AICTE) norms. Referring to the Approval Process
Handbook 2024-2025 to 2026-2027 of the AICTE, the learned counsel submits
that the same provides for the appointment of Principal/Director and Faculty of
the Institutions on regular basis in order to maintain the standards of the
Institutions. She submits that the institution can only avail of the services of
Page No.# 19/29
contractual faculties under extra ordinary circumstances including Court cases,
etc and that too, for a short duration only. Although the petitioners have been
shown to be appointed under Regulation 3(f) of the Regulations, but they have
undergone the rigors of selection and have continued in their services beyond
the period prescribed under Regulation 3(f) of the Regulations and therefore,
their appointments cannot be treated as an appointment under Regulation 3(f)
of the Regulations only.
[8.] The learned counsel submits that during the pendency of the writ petitions
although all the faculty members appointed under Regulation 3(f) of the
Regulations have been released, but this Court, vide Order dated 20.03.2023
has made it clear that any appointment made pursuant to the impugned
Advertisement both dated 21.02.2023 would be subject to the outcome of the
writ petitions. Therefore, even if selection and appointments have been made in
terms of the impugned Advertisement, the same cannot come in the way of
granting a proper relief to the petitioners.
[9.] The learned counsel in support of her submissions reliesupon the following
authorities:-
(i) Asomi Gogoi (Dr.) Vs. State of Assam &Ors. 2022 (6) GLT 389.
(ii) Sheo Narain Nagar & Ors. Vs. State of Uttar Pradesh & Anr.(2018) 3
SCC 432.
(iii) Order dated 30.01.2024 of the Supreme Court of India in Civil Appeal
Nos.____ of 2024 arising out of SLP(C) Nos. 22241-42 of 2016. (Vinod Kumar &
Ors. etc Vs. Union of India & Ors.)
Page No.# 20/29
(iv) Jaggo Vs. Union of India &Ors.2024 SCC OnLine SC 3826, and
(v) Order dated 04.02.2025 passed by the Supreme Court of India in
SLP(C) No. 2868/2018 (Union of India, represented by Government of
Puducherry & Anr. Vs. K. Velajagan & Ors.)
[10.] The learned counsel for the petitioners submits that the Notification
dated 15.12.2021 by which the ex post facto approval has been given to the
appointment of the petitioners as Lecturers in 5 (five) polytechnics has to be
considered and understood in terms of what has been provided in the said
Notification and not by the explanation given in the affidavit-in-opposition of the
respondent/Department. In this connection, the learned counsel relies upon the
Apex Court decision rendered in Mohinder Singh Gill Vs. Chief Election
Commission, New Delhi, reported in 1978 (1) SCC 405. The learned
counsel thus submits that the terms and conditions of the appointment of the
petitioners cannot be governed by the nomenclature in their appointment orders
and that they are to be considered as regular appointees under the AICTE
norms for all intent and purposes.
[11.] Mr. K Gogoi, learned Standing Counsel, Higher Education Department
as well as the Board submits that the prayer made in the writ petitions in
absence of any interim order passed by this Court has only become infructuous.
He submits that in fact all the petitioners have participated by responding to the
impugned Advertisement issued vide the 2 (two) Notices both dated
21.02.2023. Some of the petitioners were successful and have secured their
appointments, while some of them could not succeed. At any rate, the learned
counsel submits that the petitioners themselves were aware of the fact that
their appointments under Regulation 3(f) of the Regulations were only
Page No.# 21/29
temporary and for a short duration, in view of the urgency of having Lecturers
to manage the 5 (five) newly established Polytechnics. The learned counsel,
referring to the Advertisement dated 25.02.2020 submits that it was clearly
provided in the said Advertisement that the post of Lecturers both Technical and
Non-Technical were to be filled up under Regulation 3(f) of the Regulations and
that the appointments would be purely on ad-hoc basis for a period of 4 (four)
months in terms of the Regulations. In terms of the said Advertisement,
selection and recruitments were made purely on temporary basis and for a
period of 4 (four) months, vide Notification dated 22.02.2021. He submits that
after the year 2021, the Commission has been replaced by the Board for making
recruitment to the posts under the Assam Technical Education Service Rules,
1981(hereinafter referred to as the Rules of 1981). The learned counsel submits
that Rule 5 to Rule 10 of the Rules of 1981 provides for the mode and manner
in which recruitment is to be made to the Assam Technical Education Service.
Since the Advertisement dated 25.02.2020 was only for the purpose of making
appointment under Regulation 3(f) of the Regulations, the process for regular
recruitment to the Government Polytechnics in Assam both Technical and Non-
Technical was initiated by the Board, vide the impugned Notices dated
21.02.2023. The petitioners clearly acknowledging their nature of engagement
under Regulation 3(f) of the Regulations also participated in the selection
process. Having participated in the process, they cannot be said to have any
grievance against the fresh recruitment process. The learned counsel submits
that the petitioners may have rendered their services ever since their initial
appointment under Regulation 3(f) of the Regulations but that by itself does not
give them right to continue as a regular member of the faculties of the
Polytechnics until and unless they are appointed by due process in terms of the
Page No.# 22/29
Rules of 1981 by the Board. The learned counsel submits that the petitioners
and all other similarly appointed under Regulation 3(f) of the Regulations have
been released, vide Notification issued by the Secretary to the Government of
Assam, Higher Education Department on 28.05.2025. Therefore, considering the
manner in which they have been appointed under Regulation 3(f) of the
Regulations, the petitioners cannot have any legitimate grievance against the
respondents. He thus submits that the writ petitions are without merit and
therefore they should be dismissed. In support of his submissions, the learned
counsel has relied upon the following authorities:-
(i) Ganesh Digamber Jambhrunkar & Ors. Vs. State of Maharashtra &
Ors., 2023 SCC OnLine SC 1417.
(ii) Dr. Netramoni Baruah & Ors. Vs. State of Assam, represented by the
Additional Chief Secretary & Ors., 2025 SCC OnLine Gau 1078.
(iii) Union of India (UOI) & Ors. Vs. Mahendra Singh,
MANU/SC/0919/2022.
(iv) Dr. Biplab Singha Vs. State of Assam, represented by the
Commissioner and Secretary & Ors., 2025 SCC OnLine Gau 1077.
(v) The State of Gujarat & Ors. Vs. R.J. Pathan & Ors., (2022) 5 SCC 394.
(vi) Saurav Jyoti Parasor & Ors. Vs. State of Assam & Ors., (2022) 6 GLR
308.
(vii) Nabin Ch. Bordoloi Vs. State of Assam & Ors., 2003 (2) GLT 147.
(viii) Debabrat Borgohain& 19 Ors. Vs. Dilip Hazarika & Ors., 1996 (3) GLT
Page No.# 23/29
(ix) Pranjit Kumar Das Vs. State of Assam & Ors., 1995 1 GLR 229
(x) Anup Kumar Das (Dr.) Vs. Sanjib Kakati (Dr.) & Ors., 2000 (1) GLT 429
(xi) Judgment dated 19.08.2025 passed by the Supreme Court of India in
Civil Appeal No(s). 8558/2018 (Dharam Singh & Ors. Vs. State of U.P. & Anr.)
(xii) Judgment dated 22.08.2025 passed by the Supreme Court of India in
SLP(C) No. 1347/2024 (Shah Samir Bharatbhai & Ors. Vs. The State of Gujarat
& Ors.).
[12.] Mr. PP Dutta, learned Standing Counsel, APSC submits that the APSC is
only a formal party and that since 2021 recruitments to the Assam Technical
Education Service is being done by the Board and the APSC has no say in the
matter.
[13.] I have heard the submissions made by the learned counsels for the
rival parties and I have also perused the materials available on record.
[14.] The issue to be decided is as to whether the petitioners having been
appointed after following the process of selection pursuant to the Advertisement
dated 25.02.2020 can be considered as regular appointees and be continued
with their service against the post in which they were appointed in the scale of
pay and grade pay given to them despite the fact that they had been appointed
under Regulation 3(f) of the Regulations. Further, since they had been
appointed against a sanctioned post and have continued in their service for
more than 4 (four) years, their appointments cannot be regulated in terms of
Regulation 3(f) of the Regulations since the appointment under the Regulations
is purely on ad-hoc basis and for a period not extending 4 (four) months.
Page No.# 24/29
[15.] For better appreciation, Regulation 3(f) of the Regulations may be
extracted hereunder:-
"(f) when an appointment is to be made by direct recruitment to
a temporary post created in a service if it is necessary in the public
interest that the appointment should be made immediately and
reference to the Commission would cause undue delay; provided
that if the post has been sanctioned for, or is likely to last for more
than four months, the Commission shall as soon as possible, be
consulted in all matters mentioned in sub-clause (3) of Article 320 of
the Constitution."
[16.] From the above extract, it may be seen that when an appointment by way
of direct recruitment has to be made on urgent basis on a temporary post and
in public interest, the appointment can be made under Regulation 3(f) of the
Regulations without reference to the Commission. However, if the post has been
sanctioned for and is likely to last for more than 4 (four) months, the
Commission should be consulted in all matters as per Article 320 of the
Constitution of India. It may therefore be seen that an appointment made under
Regulation 3(f) of the Regulations is due to the urgent nature of the case and
for which reference to the Commission would cause undue delay and therefore,
the same is waived. The appointment, however, would be for a short duration
only.
[17.]In the present case, upon the establishment of 5 (five) polytechnics at
Tinsukia, Morigaon, Chirang, Udalguri and Hailakandi and to make them
functional from August, 2020 under the Directorate of Technical Education,
Assam, an Advertisement for recruitment to the post of Lecturers, Technical and
Non-Technical and also Senior Instructors was issued on 25.02.2020 by
Page No.# 25/29
providing that the posts will be filled up under Regulation 3(f) of the Regulations
in the scale of pay and grade pay, as admissible. It was further provided that
the appointment will be purely on ad-hoc basis for a period of 4 (four) months
as per Regulation 3(f) of the Regulations.
[18.] In continuation to the Advertisement dated 25.02.2020, the essential
criteria for the said recruitment was published, vide Notice dated 25.02.2020.
The petitioners responded to the Advertisement and they came to be selected
and appointed, vide Notification dated 22.02.2021. The Notification provided
that the appointment was temporary and under Regulation 3(f) of the
Regulations and in the scale of pay for a period of 4 (four) months. Further, the
appointments were purely temporary and the appointees were liable to be
terminated at any time without notice and without assigning any reason thereof.
Although the petitioners, who were said to be appointed for a period of 4 (four)
months only but their appointments continued beyond the said period. Not only
that, vide Notification dated 15.12.2021 ex post facto approval of their
appointments under Regulation 3(f) of the Regulations was notified.
[19.] It may be seen that the Advertisement for recruitment under
Regulation 3(f) of the Regulations was floated on 25.02.2020, whereas the
sanction of the Governor of Assam for creation of 260 (two hundred sixty) posts
for the 5 (five) newly established polytechnics was conveyed to the Accountant
General, Assam by the Joint Secretary to the Government of Assam, Higher
Education (Technical) Department on 05.03.2021. The contention of the
petitioners that their appointments cannot be considered to be a temporary
appointment under Regulation 3(f) of the Regulations since they have been
appointed against sanctioned posts does not appear to be the correct position,
Page No.# 26/29
in view of the fact that they were appointed under Regulation 3(f) of the
Regulations, vide Notification dated 22.02.2021, whereas the posts came to be
sanctioned by the Governor of Assam in terms of the Communication dated
05.03.2021. It is true that the petitioners have continued in their service beyond
the period of 4 (four) months, but the same by itself cannot change the nature
and character of their appointments.
[20.] It is also the stand of the petitioners that their appointments have been
approved ex post facto as per the Cabinet decision, which held its meeting on
24.11.2021 and therefore, the same amounts to the confirmation of their
appointments also appears to be not the correct position. It may again be seen
that an Advertisement was made on 25.02.2020 for making recruitment under
Regulation 3(f) of the Regulations and the selection and appointment came to
be made, vide Notification dated 22.02.2021. Without there being any mention
as to whether there was any sanctioned posts or otherwise, it was only on
05.03.2021 that the sanction of the Governor of Assam for creation of 260 (two
hundred sixty) posts for the 5 (five) newly established polytechnics came to be
conveyed and in order to regularise the temporary appointments made under
Regulation 3(f) of the Regulations, the ex post facto approval was given in
terms of the Cabinet decision dated 24.11.2021, vide Notification dated
15.12.2021. Therefore, just because the appointment of the petitioners lasted
for more than 4 (four) months from the initial appointment, the same would not
mean that they have been regularly appointed against a sanctioned post and
the same gives them a right to continue in their appointed posts.
[21.] As may been seen Regulation 3(f) of the Regulations provides that if the
post has been sanctioned for and is likely to last for more than 4 (four) months,
Page No.# 27/29
the Commission has to be consulted as soon as possible in terms of Article
230(3) of the Constitution of India. The temporary appointment of the
petitioners and other similarly situated persons under Regulation 3(f) of the
Regulations was followed by the sanction of creation of 260 (two hundred sixty)
posts for the 5 (five) polytechnics on 05.03.2021 and in terms of the second
proviso to Regulation 3(f) of the Regulations, filling up the sanctioned posts in
terms of the relevant provisions of the Rules by consulting the Commission or
the Board has been necessitated. Since the Commission has been replaced by
the Board, notice for recruitment was therefore, issued by the Board on
21.02.2023 separately for Lecturers Technical and for Lecturers Non-Technical.
The petitioners although aggrieved by the same, apparently have all
participated in the recruitment process which therefore, goes to show that they
themselves are aware about the status of their appointments under Regulation
3(f) of the Regulations.
[22.] Let us now refer to the authorities relied upon by the learned counsel
for the petitioners. A co-ordinate Bench of this Court in Asomi Gogoi (Dr.)
(supra) has held that the condition precedent in making an appointment under
Regulation 3(f) of the Regulations would be that the same cannot be against a
permanent sanctioned post already in existence and can be invoked only in a
situation where the administrative authorities are of the view that for the
purpose of administrative exigency, posts beyond the permanent sanctioned
post are required to be created and such posts on being created would last for a
period lesser than 4 (four) months and for which, no consultation with the APSC
would be required. However, in the instant case, as may be noticed, the
advertisement was not preceded by any post/posts being sanctioned or created.
The petitioners were appointed on 22.02.2021 and the posts were
Page No.# 28/29
subsequently sanctioned on 05.03.2021. Therefore, the referred case is not
found to be applicable in the instant case. Similarly, the cases of Sheo Narain
Nagar (supra) and Vinod Kumar (supra) are clearly distinguishable on facts.
The instant petitioners were appointed by invoking Regulation 3(f) of the
Regulations and the exercise and application of which is not challenged by the
petitioners. The case of Jaggo (supra) also cannot be applied to the instant
case, in view of the fact that the nature of appointment under Regulation 3(f) of
the Regulations itself is a temporary appointment. The petitioners may have
continued for an extended period of time but it does not give them the right to
be confirmed or regularised.
[23.] The case of Mohinder Singh Gill (supra) relied upon by the learned
counsel for the petitioners is also found to be not applicable to the instant case,
in view of the fact that the sequence of events, as to how the recruitment was
done and creation and sanction of posts were done subsequently, as reflected in
paragraphs 17 to 19 of this judgment is not a fact in dispute. Therefore, it
cannot be said that the respondents have sought to supplement their stand by
way of an affidavit as was held to be not permissible in Mohinder Singh Gill
(supra). It may also be stated herein that the petitioners have participated in
the subsequent advertisement and some of them have been successful in
securing their appointments while some were not.
[24.] Therefore, upon due consideration of the matter in its entirety, I do not
find any merit in the writ petitions. Having come to such a conclusion, reference
to remaining authorities is found to be not necessary.
[25.] In the result, all the writ petitions are dismissed while leaving the
Page No.# 29/29
parties to bear their own costs.
JUDGE
Comparing Assistant
