GUWAHATI, India, Oct. 27 -- Gauhati High Court issued the following order on Sept. 26:

1. All the writ petitions are being disposed of by this common judgment and 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 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 NonTechnical, including the posts occupied by the petitioners. Aggrieved, with such an action, the petitioners have approached this Court through the 4 (four) writ petitions.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x2Yvkdico7NpS59ddVVklWRF8eiViJRnzdnyV%2FYF%2BVpK&caseno=WP(C)/5768/2025&cCode=1&cino=GAHC010219702025&state_code=6&appFlag=)

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