JUDGMENT AND ORDER (ORAL) :

Heard Mr. Y.S. Mannan, the learned counsel representing the petitioners in both the cases. The Department of Elementary of the Assam Government is represented by Mr. N. Sarma, the learned standing counsel. The BTC and their officers are represented by Mr. A.K. Bhuyan, the learned standing counsel.

2. The common challenge in both the cases is to the order dated 31.12.2011 of the BTC authorities, whereby the regularization claim of the 29 left out teachers was rejected on the ground that the life span of the select list, valid for one year has lapsed. The focus of the challenge is that 355 similarly appointed were regularized by the same authority and there is no difference in the way the two categories entered service.

3. At the very outset, the learned counsel for the petitioners submits that although 28 litigants who had originally filed the WP(C) No.429/2012, the petitioner Nos.6, 8, 10, 12, 13, 16, 19, 21, 25, 26, 27 & 28 have withdrawn themselves under the order dated 10.2.2015, in the Misc. Case No.189/2015 and therefore that case is pressed forward on behalf of the remaining 16 petitioners.

4. The petitioners contend that they were appointed on 12.3.20

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