Amitava Roy, J.

1. A review and/or modification of the judgment and order dated 25.7.2006 passed in WP(C) No. 4165/2001 dismissing the writ petition is sought for by the instant application.

2. I have heard Mr. N. Dutta, senior advocate assisted by Mr. J. Abedin, advocate for the review applicant/Petitioner, Mr. S.C. Biswas, learned Counsel for the Respondent Nos. 3 and 4 and Mr. M.U. Mahmud, learned Counsel for the Respondent No. 5.

3. The backdrop of the facts in brief, is indispensable for appropriate appreciation of the rival assertions. The Petitioner, who is a Post Graduate in Political Science applied for and was appointed as a Lecturer in the said subject in Mangaldai College ('the College') in the year 2000 on a purely temporary basis on a consolidated pay of Rs. 1,000 per month. The Principal of the institution on 7.2.2001 published an advertisement inviting applications from candidates having UGC norms amongst others for one post of Lecturer (Sanctioned) in Political Science having specialization in International Law/Public Administration. The Petitioner being eligible in terms of the qualifications set out in the advertisement offered his candidature and also appeared in the interview. According to him, he topped the list of the recommended candidates and while he was waiting in expectation for being appointed, an advertisement dated 30.5.2001 was published by the College in the local daily "Assam Tribune" freshly inviting applications for appointment to the post of Lecturer also for the post of Political Science for which the Petitioner had earlier applied. By this advertisement, however, the post was reserved for Scheduled Caste/Scheduled Tribe candidates only purportedly for the purpose of clearing the backlog vacancies meant for those categories of aspirants.

The Petitioner being aggrieved assailed the latter advertisement which indicated in clear terms the cancellation of the earlier advertisement dated 7.2.2001 pursuant to which the Petitioner had participated in the consequential process. This Court by order dated 13.6.2001 while issuing Rule, directed the Respondents not to make any fresh appointment in terms of the impugned advertisement. The Governing Body of the College and its Principal impleaded as Respondent Nos. 3 and 4, in substance endorsed the subsequent advertisement to be valid having been issued in response to the directive contained in the letter No. G(B) Misc. 10/2001/1 dated 12.3.2001 of the Director of Higher Education, Assam requiring the Colleges referred to therein to clear the backlog in appointment of SC/ST candidates. According to the College authorities, the post of Lecturer in Political Science was a sanctioned one making it obligatory to be filled up bearing in mind the aspect of backlog of vacancies for the aforementioned reserved category candidates. According to them, the decision to re-advertise the post involved was taken by the Governing Body of the College in its meeting held on 1.4.2001 following the receipt of the letter dated 12.3.2001 of the Director of Higher Education, Assam ('the Director'). They asserted that though the impugned advertisement had been responded to by various eligible candidates, no steps could be taken in view of the interim restraint of this Court by its order dated 13.6.2001. As the matter rested at that, acting on the Office Memorandum dated 17.7.2004 issued by the government, the Governing Body of the College resolved in its meeting held on 2.4.2005 amongst others to convert the post of Lecturer in Political Science into that of Arabic for adjustment of the Respondent No. 5 who at the relevant time was a Lecturer in the latter department. However, due to the pendency of the writ petition, the Director forbore from approving the proposal.

4. The Respondent No. 5 in his counter while maintaining that he had been appointed as a Lecturer in the Department of Arabic of the College since 22.12.1999 claimed that having regard to his induction on the