IMPORTANT POINT
Participation in a selection process without objection limits a candidate's ability to challenge the results, especially when no weightage for prior service is provided in the recruitment advertisement.

JUDGMENT :

(Sanjay Kumar Medhi, J.)

Both these petitions being connected were heard analogously and are being disposed of by this common judgment and order. The subject matter pertains to challenge to a selection process for Grade-IV post in the B. N. College, Dhubri (hereinafter College).

2. Before going to the issue which has arisen for a determination it would be convenient if the facts of the cases are narrated in brief. It may however be mentioned that initially the two petitioners had filed the present two writ petitions. Shri B. Prasad, the learned Counsel for the petitioners, at the outset has however clarified that though the petitions were filed by 2 nos. of petitioners, the petitioner no. 2 had withdrawn from the writ petitions and there are specific orders in this regard dated 05.06.2023 in WP(C)/153/2023 and 26.05.2023 in WP(C)/3029/2023.

3. As per the facts projected, an advertisement was issued on 22.11.2022 for recruitment of various posts including 7 (seven) numbers of posts of Grade-IV in the aforesaid College. The petitioner no. 1 belongs to the OBC category and claims to have possessed all the eligibility criteria for such selection and has been working as a Grade-IV in the aforesaid College since 01.12.2006. Pertaining to the aforesaid selection, guidelines was issued by the College which were in compliance with the Government Notification dated 28.07.2022, as per which, there was a direction to follow the earlier Notification dated 30.01.2009 prescribing the minimum qualification for Grade-IV as Class-VIII passed. It is the case of the petitioner no. 1 that though he was praying for regularization of his service and was also assured that due weightage would be given, the grievance is with regard to the inaction of the authorities in giving due weightage to him in the selection process. It is submitted that the selection consisted of a written examination followed by viva voce which was concluded on 30.12.2022.

4. On such conclusion, the petitioners came to know that no weightage was given and accordingly the first writ petition was filed on 05.01.2023 which was registered as WP(C)/153/2023. In the aforesaid writ petition, an order was passed on 09.01.2023 directing not to finalize the selection till the next date fixed i.e. 18.01.2023. It has been submitted that however, the case was not listed and in May, 2023, the petitioners could come to know that the selection was already completed and appointments were made. Accordingly, the second writ petition was filed being WP(C)/3029/2023 challenging such appointments and the appointed candidates were arrayed as the private respondent nos. 5 to 9.

5. I have heard Shri B. Prasad, learned counsel for the petitioners. I have also heard Shri S. Bhuyan, learned Standing Counsel, Higher Education Department, Shri D. Mahanta, learned counsel for the respondent nos. 3 & 4 and Shri M. Ahmed, learned counsel for the private respondent nos. 5 to 9.

6. Shri Prasad, the learned counsel for the petitioners has submitted that though there was a clear assurance from the College to give weightage to the petitioners in the selection, such weightage was not given. He has submitted that the College, on the other hand, in its affidavit-in-opposition has taken a stand that no assurance was given to the petitioners on the aspect of weightage for past services. At the same time, the Director of Higher Education in his affidavit has submitted that there is no scope for regularization of the services of an ad hoc employee.

7. The learned counsel for the petitioners has submitted that in view of the long period of services rendered by the petitioner no. 1, the authorities could have taken a decision to regularize his service. He alternatively submits that even in case the petitioners were made to face a selection which they had actually done, due weightage ought to have been given for the experience gained by them by working in the same category for a long period of time. In this regard,