Ujjal Bhuyan, J.

Heard Mr. KN Choudhury, learned Senior Counsel assisted by Mr. BK Kashyap, learned counsel for the petitioners and Mr. PN Goswami, learned Standing Counsel, Education Department for the respondents.

2. This matter is before us in the Full Bench following the referral order passed by the learned Single Judge on 30.09.2015.

3. In this writ petition, Kamrup Zilla Siksha Sarathi (I) Teachers Association, represented by its President and Secretary, namely, Sri Surjya Kumar Boro and Sri Khiralal Boro, respectively is the petitioner. Petitioner represents Siksha Sarathis of Kamrup district and has preferred the present writ petition in representative capacity highlighting the grievance of the Siksha Sarathis of Kamrup district and seeks the following reliefs: -

a direction to the respondents to formulate a scheme for absorption of the Siksha Sarathis in any regular post or capacity under the State as in the case of Siksha Karmis in Assam as well as in the case of similarly situated employees in the State of Karnataka, Tamil Nadu, West Bengal, Tripura, Arunachal Pradesh etc.

In other words, the prayer made is for directing the respondents to formulate a scheme for absorption of the Siksha Sarathis in the State of Assam in regular service of the State.

4. Facts relevant for adjudication of the case have been summed up by the learned Single Judge in the referral order dated 30.09.2015. For ready reference, relevant portion of the referral order dated 30.09.2015 dealing with the facts of the case are extracted as under: -

“2. It would appear that Government of India in the Ministry of Human Resource Development Department, Department of Elementary Education & Literacy, introduced a programme for Universal Education in India under the 9th Five Year Plan with the nomenclature “SARVA SIKSHA ABHIJAN” (“SSA” for short) aiming to achieve the long cherished goal of “Universalization of Elementary Education (UEE) through a time bound integrated approach in partnership with States to change the face of the Elementary Education to all children in the age group of 6-14 years of age by 2010. The objective of SSA is that all children must complete 5 years of primary schooling by 2007; all children must complete 8 years of schooling by 2010; focussing emphasis on education for life; must bridge all gender and social category gaps at primary stage by 2007 and at elementary education level by 2010 as well as universal retention by 2010. The statute mandates the financial resource and responsibility for implementation of the scheme for which a sum of Rs. 60,000/- crores was estimated from the Central Budget and State Level Departments for the next ten years, which would be worked out after finalization of District Level Elementary Education Plans. The financial norms as has been provided initially under the statute, is to be shared by the Central and State Governments in 85:15 during the 9th Plan, 75:25 during the 10th Plan and thereafter by 50:50. The financial norms further provide that regarding sharing of costs, undertaking had to be taken from the State Government. Similar principle has been laid down in the statute as regards support for teachers' salary. Thus, the process under the SSA, which started during the 9th Plan period, is a continuous process and would carry on spontaneously.

3. According to the petitioners, they were appointed under the aforesaid scheme in 2004 after having been selected and appointed through a regular selection procedure where all eligible candidates applied: they are not backdoor entries and were thus selected through a process consistent with Articles 14 and 16 of the Constitution of India. As to the manner in which they were appointed on contractual basis for a period of eleven months and how they continue remain there till now are pleaded by them in para 10 of their writ petition, which are reproduced hereunder:

“10. That the appellants beg to state that thereafter advertisement was made in