Mr. Ujjal Bhuyan, J.

This order will dispose of both WP(C) Nos. 4694/2016 and 4753/2016.

2. Heard Mr. S. Saikia, learned counsel for the petitioners in both the cases and Mr. Ravi Sarma, learned Standing Counsel, Secondary Education Department, Govt. of Assam.

3. While WP(C) No. 4694/2016 relates to selection and appointment to the post of Lower Division Assistant (LDA)/Junior Assistant in the Samaguri Higher Secondary School, Nagaon, subject matter of WP(C) No. 4753/2016 relates to selection and appointment to such post in the Auniati High School, Nagaon.

4. While issuing notice in WP(C) No. 4694/2016 on 08.08.2016 the following order was passed:-

"Matter relates to selection and appointment in the post of Lower Division Assistant (LDA/Junior Assistant in the Samaguri Higher Secondary School, a provincialised Higher Secondary School.

In the selection held pursuant to the advertisement dated 12.12.2015, petitioner has been selected at Serial No.1 in order of merit and the School Managing Committee has recommended her appointment before the Inspector of Schools, Nagaon District Circle on 01.02.2016. However, no decision has been taken thereon.

Apprehension has been expressed that the authority may abandon the said selection process and make appointment from outside the select list.

In view of above, respondent No.3 is directed not to appoint any person as LDA/Junior Assistant in the Samaguri Higher Secondary School, Nagaon from outside the select list dated 01.02.2016 on violating the merit position in the select list.

Pendency of this petition shall also not be a bar for the respondents to consider appointment of the petitioner in the said post."

5. Likewise while issuing notice in WP(C) No. 4753/2016 on 12.08.2016 the following order was passed:-

"After hearing learned counsel for the parties and on perusal of the materials on record, as an interim measure, it is hereby directed that respondents shall not fill up the post of Lower Division Assistant in the Auniati High School, Nagaon bypassing the recommendation of the Selection Committee dated 01.02.2016.

Pendency of this petition shall also not be a bar for the respondents to consider giving effect to such recommendation of the Selection Committee."

6. In both the cases, Sri Mridul Neog, Inspector of Schools, Nagaon District Circle i.e. respondent No. 3 has filed identical affidavits. For the sake of convenience, affidavit filed in WP(C) No. 4694/2016 is referred to hereunder. In paragraph 5 of his affidavit, respondent No. 3 has stated that Samaguri Higher Secondary School and Auniati High School, both in the district of Nagaon, had constituted School Selection Committee for conducting selection for the post of Junior Assistant in the two Schools. School Selection Committee of Samaguri Higher Secondary School selected Smt. Kasturi Bhuyan, petitioner in WP(C) No. 4694/2016 whereas School Selection Committee of Auniati High School selected Smt. Leena Borah, petitioner in WP(C) No. 4753/2016, for the post of Junior Assistant. The select lists were forwarded to the office of respondent No. 3. In para-6 of the affidavit, it is stated that "someone" verbally informed the Deputy Commissioner, Nagaon that "some" irregularities were committed by the School Selection Committee of the two schools in the selection undertaken for the post of Junior Assistant. Therefore, Deputy Commissioner, Nagaon directed respondent No. 3 to conduct an enquiry, Accordingly, an enquiry was conducted jointly on 22.02.2016 by respondent No. 3 and by the Additional Deputy Commissioner (Education), Nagaon. In the course of the enquiry, no irregularities could be detected in respect of the selection undertaken in Auniati High School but in respect of the selection undertaken in Samaguri Higher Secondary School, it was found that marks awarded to the questions were not proper and in respect of some question