Heard Mr. A.K. Bhattacharyya, learned senior counsel assisted by Mr. D.K. Bhattacharyya, appearing for the petitioners in WP(C) No.4868/2017, Mr. A.C. Borbora, learned senior counsel, assisted by Mr. M. Smith, appearing for the petitioners in WP(C) No.4476/2017, WP(C) No.4477/2017, WP(C) No.4478/2017 and WP(C) No.4479/2017, Mr. C. Choudhury, learned Advocate General, Assam, assisted by Mr. T.C. Chutia, learned State counsel as well as Mr. U.K. Nair, learned senior standing counsel, Gauhati High Court, assisted by Mr. H.K. Das.

2. In WP(C) No.4476/2017, WP(C) No.4477/2017, WP(C) No.4478/2017 and WP(C) No.4479/2017, filed under Article 226 of the Constitution of India, challenge is made to the Notification dated 20.06.2017 denying extension to the petitioners as Member, Foreigners Tribunal (FT), and to an advertisement dated 21.06.2017 issued by the Registrar (Judicial), Gauhati High Court, inviting applications for preparing a panel of 35 numbers of candidates (28 Nos. vacant posts + 7 Nos. anticipated vacancies) for appointment as Members of the FTs on contractual basis. Prayer is also made to allow the petitioners to continue to serve as Member, FT.

3. In WP(C) No.4868/2017, in addition to the challenges made in the aforesaid four writ petitions, prayer is made to direct the respondents to re-instate the petitioners by extending their tenure beyond 24.05.2017 as well as expunction of certain remarks, which the petitioners contend to be stigmatic, contained in the Notification dated 20.06.2017.

4. While advancing arguments, Mr. A.C. Borbora, learned senior counsel, who represents the petitioners in WP(C) No.4476/2017, WP(C) No.4477/2017, WP(C) No.4478/2017 and WP(C) No.4479/2017 has referred to the pleadings in WP(C) No.4478/2017. In these writ petitions, separate affidavits but with the same contents, were filed by the Principal Secretary to the Government of Assam, Home and Political Department.

5. The case set out in these writ petitions is that the petitioners, who were practicing advocates, responded to an advertisement dated 16.05.2015, issued by the Registrar (Judicial) of the Gauhati High Court, inviting applications from retired District Judges/Additional District Judges and practising advocates, above 45 years of age and completing ten years of legal practice, for filling up of approximately 47 numbers of posts of Members, FT, and they were called to appear before an interview committee constituted by the Gauhati High Court for the purpose of selection of eligible candidates and that the interviews were conducted from 15.06.2015 to 20.06.2015. In the list of selected candidates issued vide Notification dated 01.07.2015, the names of petitioners in WP(C) No.4476/2017, WP(C) No.4477/2017, WP(C) No.4478/2017 and WP(C) No.4479/2017 appeared at Sl. Nos.18, 8, 12 and 37, respectively. Subsequently, by a Notification dated 29.07.2015, issued by the Commissioner and Secretary to the Government of Assam, Home and Political Department, they were appointed as Members of different FTs and they joined their respective places of posting. It is pleaded that the staff deputed to the FTs were untrained and inadequate and no stenographer was provided. Power supply was also very erratic. After successful completion of one year service, their services were extended for another year, till July 2017. But before completion of the second term, the Notification dated 20.06.2017 was issued by the Principal Secretary to the Government of Assam, Home and Political Department, incorporating two lists: list A containing the names of 42 Members whose tenure had been extended for a further period of two years beyond 24.05.2017 and up to 23.05.2019, and list B containing the names of 19 Members, including the petitioners, who had been denied further extension beyond 23.06.2017 (wrongly referred as 23.05.2017 in the writ petitions), on the ground that their overall performance was unsatisfactory and that some inadequacies were noticed d