1. This writ petition is filed by 121 school teachers challenging the order dated 24-8-2007 issued by the Secretary, Bodoland Territorial Council, Kokrajhar justifying the order dated 16-2001 of the respondent No. 2 cancelling en masse the appointment of some 4,200 teachers on the ground of illegal appointments in non-existent posts.

2. The case of the petitioners is that pursuant to the advertisement issued by the respondent authorities for filling up the vacant posts of L.P. School teachers, they, being eligible for the posts, applied for the same by depositing fees through Treasury Challans. They were accordingly called for the interview and were duly selected by the Sub-Divisional Education Advisory Board, Nalbari, BTC area, which were approved by the Chairman of the Sub-Divisional Education Advisory Board and countersigned by the Deputy Inspector of Schools, as Member Secretary of the Board. On the basis of the said select list, they were appointed as OBB teachers against the vacant posts sanctioned in the month of March, 2001. They duly joined their respective posts and started to discharge their duties whereafter. While they were continuing their services, the respondent No. 3 issued a common order bearing dated 16-7-2001 directing the Deputy Inspector of Schools, Nalbari to cancel all the appointments made by one Shri Girin Haloi, i/c Deputy Inspector of Schools, Nalbari with immediate effect on or before 18-7-2001. By the order dated 17-7-2001, the Dy. Inspector of School-in-Charge, Nalbari issued the consequential order cancelling all the appointment of Assistant Teacher of L.P Schools and Junior Basic Schools, Nalbari including the petitioners made by the said Girin Haloi with immediate effect. To appreciate the controversy, the relevant portion of the order dated 16-7-2001 of the respondent No. 2 is reproduced below:

“Perused the Govt. instruction communicated vide No. A(I)E. 508/2001/85 dt. 4/7/01 directing the appointing authorities to cancel all illegal appointments made in March/2001 Perused the general instruction of Director of Elementary Education, Assam, communicated vide No. DE/Misc 1/99/14357 dt. 30/5/01 directing cancellation of appointments made in March/01 in regular vacancies arising as a result of death and retirement without following rules and procedure laid down under law and without clearance from the SIMC.

Perused the report of Magisterial enquiry caused by ADC, Nalbari and submitted by Dy. Commissioner, Nalbari vide his letter dNo. NCN/32/2001/119/dtd. 11/6/2001 on the irregularities in appointment in Nalbari District.

As per report of enquiry Sri Girin Haloi i/c DI of Schools, Nalbari appointed as many as 4510 LP teachers in Nalbari district. As per recorded statement of Sri G. Haloi (Annex-I) excepting 266 appointments, rest are and factious (?). Examination of records reveals that all these appointments have been made either quoting the memo govt. Sanctioning number PHA 24/96/211. dt. B/3/2001 and PMA/158/94/362 dt. 8/3/2001 PMA158/9/208 dt. 12/10/99 and PMA 158/94/342 dt. 23/12/99 or in death or retirement vacancies laid down under the law. Moreover it is seen that it will be humanly impossible to separate the genuine appointments made against actually sanctioned posts from those illegal appointments made in non-existing posts as the same govt. sanctioning letter and allotment letter have been quoted in the appointment letters.

From the above mentioned fact it is clear that about 4200 appointments have been made illegally in non-existing posts without following rules and procedures laid down under law. As Govt. cannot allow the illegally appointed teachers to continue in service and as it is humanly impossible to separate the few legally teachers from the large number of illegally appointed teachers under the circumstances state herein above, therefore, it is decided to cancel all appointments made by Sri Girin Haloi, i/c D.I. of Nalbari with immediate effect.

In view of the facts