JUDGMENT :

Heard the learned counsels appearing on behalf of the petitioners in the batch of the writ petitions. I have also heard Mr. B. Gogoi and Mr. D. Upamanyu, the learned Standing counsels appearing on behalf of the Health Department as well as Mr. S. P. Das, the learned counsel appearing on behalf of the respondent No.5 in WP(C) No.7724/2015 and WP(C) No.7771/2015.

2. In the present batch of writ petitions before this Court, the petitioners herein have challenged the select list dated 14.10.2015 published in the Assam Tribune Newspaper, pursuant to the advertisement dated 14.11.2013, including the selection so made in favour of the private respondents. The petitioners have also sought for a Mandamus directing the respondent authorities to select the petitioners herein as staff nurse under the establishment of the respondent No.2, by virtue of their seniority and experience and on the basis of Minutes of the meeting adopted on 13.02.2015 with the representatives of All Assam NRHM Medical and Paramedical Employees Association along with the Minister of Health and Family Welfare Assam. There is also an alternative prayer made in some of the writ petitions for a direction upon the respondent authorities to regularize the services of the petitioners on the basis of their service as contractual nurse and in pursuant to the Minutes of the meeting adopted on 13.02.2015.

3. To appreciate the issues involved in the present batch of writ petitions, it is relevant to take note of that the petitioners herein after having competed the Diploma in General Nursing and Midwifery were appointed on contractual basis as Staff Nurse under the National Rural Health Mission, a Sub-Mission of the National Health Mission. It is relevant to take note of that the petitioners herein claim to be appointed on the basis of a due selection procedure conducted by the respondent authorities and thereafter have been rendering services under the National Health Mission by executing respective contractual agreements.

4. On 14.11.2013, the Director of Health Services, Assam had issued an advertisement inviting in a standard form for 541 numbers of Staff Nurses under the Directorate of Health Services Assam for various Health Institutions and Medical Colleges in Assam. In the said advertisement it was stipulated that out of the 541 posts of Staff Nurses, 146 posts were reserved for OBC/MOBC; 38 reserved for SC; 54 reserved for STP; 27 reserved for STH and 276 were unreserved. In terms with the said advertisement, the candidates were required to apply along with certificates of passing GNM course/B.Sc. Nursing course, registration certificate under Assam Nursing Council, age proof, caste certificate (wherever applicable), employment exchange registration number and other supporting documents and 1 (one) copy of recent passport size photograph. The minimum qualification as stipulated in the said advertisement was GNM course/B.Sc. Nursing course passed from Assam Govt. Institution or Institution recognized by Indian Nursing Council and having registration under Assam Nursing Council. In respect to the age, it was specified in the said advertisement that the candidates should not be less than 18 (eighteen) years and not above 38 (thirty eight) years as on 01.01.2013. Further, the relaxation of upper age limit shall be applicable as per rules.

5. In pursuance to the said advertisement, the petitioners who were working on contractual agreements expressed apprehension before the concerned respondent authorities on the ground that if the regular selection proceedings are initiated, they would lose their right for regularization. It has been alleged in the writ petitions that the respondent authorities had assured the petitioners that their regularization would in no way be affected by the present selection process but on the other hand, if they participate in the sele