NIRMALI BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) As agreed to by learned counsel for the petitioners and learned Advocate General, Assam appearing for the State respondents, the above mentioned batch of writ petitions, raising the similar question of facts and law, are taken up for analogous hearing for final disposal and are being disposed of by this common judgment and order.

(2.) I have heard Mr P.K. Goswami, learned senior counsel for the petitioners in WP(C)Nos. 13, 14, 15, 16, 17, 18, 19, 20,21,22,23 and 8764 of 2001 as well as Mr A.M. Mazumdar, learned senior counsel appearing for the petitioners in WP(C) Nos. 8419, 8420, 8457, 8493, 8496, 8497, 8501, 8503, 8507, 8508 and 8509 of 2001. The learned counsel for the petitioners in the remaining writ petitions adopted the arguments advanced by learned counsel Mr P.K. Goswami and Mr. A.M. Mazumdar, I have also heard Mr A.K. Phookan, learned Advocate General, Assam appearing for the State respondents in all the writ petitions and Mr M. Sarania, learned Standing Counsel for the Bodoland Autonomous Council.

(3.) On 28.12.1996 the Director of Elementary Education, Assam issued an advertisement (Annexure-1 to WP(C) No,. 8764/2001) inviting applications from intending candidates for about 7500 posts of Assistant Teachers lying vacant in the provincialised MV/ME/ME Madrassa Senior Basic/Junior Basic/Junior LP Schools of the different districts of Assam prescribing regular time scales of pay. The advertisement stated, inter alia, "The selection will be made on the basis of a test, qualification and experience. The selection will depend on previous experience as Assistant Teacher, marks secured in different examination and the oral test. The last date of submission of the applications is 26.1.1997". The petitioners accordingly submitted their applications. They appeared before the Sub-Divisional Level Advisory Boards for selection. But after the selection process was over, the State Government imposed a ban on any fresh appointment and posts advertised remained vacant.