The Rules of 1986 and Regulation 3 (f) of the Regulations of 1951 did not confer any right on the appellants to be regularized without going through the regular selection process.

This appeal is directed against the order of the learned Single Judge dated 13.6.94 passed in Misc. Case No.406 of 1994 arising out of Civil Rule No.1932 of 1993. The above Misc. Case was registered on a petition filed by the private respondent under clause (3) of Article 226 of the Constitu­tion of India for modification/alteration/cancellation of the stay orders passed on 16.7.93 and 17.9.93 in the main Civil Rule. By the above two interim orders the learned Single Judge directed that the 10 (ten) writ petitioners shall not be ousted from service until further orders and by order dated 17.9.93, it was directed that the above order dated 16.7.93 shall continue.

2. The learned Single Judge by the impugned order relying on the relevant law as well as decisions of the Apex Court vacated both the above two interim orders passed in the main Civil Rule and observed that the persons viz private respondent selected by the Public Service Commission shall be duly appointed in accordance with rules. The learned Single Judge also observed that the ten writ petitioners may be absorbed in the department if possible by sympathetically considering their cases as they were serving in the department for about 4 years. Against the above interim orders the present appeal has been filed.

3. This Court on 15.6.94 after hearing the learned counsel for the parties directed t! e Commissioner-cum-Secretary of the Handloom and Textile Department to produce the original records and furnish informations as stated in the said order. It was also made clear that appellants would be allowed to continue in service and however State Govt. may issue appoint­ment letters in favour of the persons who have been selected by the Assam Public Service Commission inserting a condition in the appointment letters that the appointment is subject t the decision in the present appeal. It was agreed to by the learned counsel of all the parties that instead of deciding the interim order passed by the learned Single Judge, the main Civil Rule may be taken up by this Court for final disposal. Accordingly, as per direction of this

"Court, both the State Govt. and the Public Service Commission produced the records before this Court. We, accordingly proceed to decide both the Civil Rule viz Civil Rule No. 1932 of 1993 as well as Writ Appeal No. 232 of 1994 after hearing Mr. DN Choudhury for the appellants-writ petitioners, Mr. DP 'Chaliha, Govt. Advocate, Mr. P. Prasad counsel for the Public Service Com­mission and Mr. DC Mahanta, counsel for the private contesting respondents.

4. An advertisement was issued by the Commissioner-cum-Secretary to the Govt. of Assam, Handloom and Textile and Sericulture Department on 19.7.89 calling for application for appointment in the post of Senior Inspector of Handloom and Textile. All the petitioners-appellants alongwith others were interviewed by a Selection Committee and a select list was prepared. There after all the petitioners-appellants were appointed under the provisions of Assam Public Service Commission (Ad-hoc) Appointment Rules, 1986. The notification appointing the petitioners were issued on 24 3.90 and 23.5.90 vide Annexure B and C to the Civil Rule. The appointment was purely temporary and under the above Rules. By the first order only one person has been appointed, and by the subsequent orders, fourteen persons were appointed. Petitioners-appellants joined their posts, at different places under the Director of Handloom and Textile, respondent No. 2. It has been alleged by the petitioners-appellants that after joining their posts they were discharging their duties to the best of their abilities and that apart they were also sent for short term training on management of co-operative societies to the Co-operative Training College. However, after serving for one year, their services were terminated with effect from 22.5.91 and they were re-appointed in the same post on the next date i.e. 23.5.91 vide Annexure I and J