KHANINDRA KR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioners belonging to a group of 41 persons, who were appointed under regulation 3(f) of the Assam Public Service commission (Limitation of Functions) Regulations, 1951 as Lecturers in different subjects in Diphu and Haflong College. The aforesaid appointment made by order dated 23.3.2001 contained a stipulation that in the event they do not qualify in the APSC selection, they will not claim regularisation of their services. Soon after the petitioners were appointed in the manner noticed above, an advertisement was published in the news-papers on 17.5.2001 inviting applications for filling up of 114 posts of Lecturers in different subjects in the Government Colleges of the State of Assam. The petitioners participated in the selection process, pursuant to the advertisement issued and their names appeared in the select list, which was published on 17.5.2002. Thereafter WP(C) 3809, 3832, 3834, 3835, 3936, 4126 and 4194 of 2002 were filed by different persons belonging to the group of 41,3(f) appointees, claiming regularisation of their services on the ground that being selected by the A.P.S.C., they had fulfilled the condition attached to their initial appointment order dated 23.3.2001 and, therefore, they would have a right for regularisation. The State has filed a common affidavit in the aforesaid cases, wherein it has been stated that in terms of the order of appointment of the petitioners, they have been found to be qualified and as such, the petitioners may now be regularised.

(2.) While the matter was so situated, an order dated 26.5.2003 was passed and as the core of the present case relates to the true meaning, purport and effect of the aforesaid order, the order dated 26.5.03 may be reproduced hereunder.

(3.) Thereafter, another order was passed on 30.6.2003 extending the Adhoc service of the petitioners, after expiry of the initial period of 4 months from the date of the appointment. It must be noticed that by the aforesaid order dated 30.6.2003, piece meal extension of 4 months each, has been granted to each of the petitioners for the period upto 17.5.2002, i.e. the date of publication of the select list. Thereafter, an order dated 30.8.2003 was passed terminating the services of 29 persons of the group of 41 Adhoc as appointees on the ground that though selected, the merit position of the aforesaid persons do not come within the zone required for appointment. WP(C) Nos. 6944, 6981,7021,7022,7024,7025,7119,7120, 7121,7122,7144 and 7169 of 2003 have been filed by the persons affected by the termination order dated 30.8.2003. Two other orders both dated 30.8.2003, giving appointment to persons included in the select list against the posts heldby the petitioners have also been challenged in the aforesaid writ petitions. The selected persons so appointed in place of the petitioners have been arrayed as private respondents in the writ petitions.