IMPORTANT POINT
Regularization of services cannot be mandated by courts based on long service; it is within the State's discretion to formulate policies.

JUDGMENT :

Heard Mr. KN Choudhury, the learned senior counsel assisted by Ms. R R Kakati, the learned counsel appearing on behalf of the petitioners. Mr. DP Borah, the learned standing counsel appears on behalf of the Health Department, Government of Assam.

2. The present writ petition has been jointly filed by 36 writ petitioners seeking a direction upon the respondents to frame a scheme for regularization of the services of the petitioners as Dental Surgeons and further seeking directions not to fill up the post of Dental Surgeons as held by the petitioners.

3. From the materials on record, it is seen that pursuant to advertisements being issued vide Notifications dated 22.11.2011, 31.12.2013, 13.10.2014 and 26.06.2015, the petitioners herein were appointed as Dental Surgeons under Regulations 3(f) of the Assam Public Service Commission (Limitation & Function) Regulation, 1951 (for short, the Regulation of 1951). The said appointments were made for a period of 4(four) months and were continued from time to time by granting extension every four months.

4. It is further seen from the records that the Government of Assam in the Health and Family Welfare Department after getting approval from the Finance (SIU) Department vide letter dated 24.08.2012 had sanctioned the creation of 1640 numbers of posts in different categories, including 58 posts of Dental Surgeons in usual scale of pay as per the ROP Rules, 2010.

5. Subsequent thereto, the Assam Public Service Commission (for short, the APSC) on 14.05.2016, issued an advertisement for filling up of 61 (sixty-one) numbers of post of Dental Surgeons. Though a selection process was initiated and the petitioners herein had participated, however, the said selection process did not meet the logical end, due to some complaints filed regarding anomalies in the selection process. Subsequent thereto, the Health and Family Welfare Department, Assam by the Notification dated 25.10.2017 constituted the Medical and Health Recruitment Board (for short, the MHRB) to make recommendations for appointment to various posts under the Health and Family Welfare Department, including the post of the Dental Surgeons.

6. The record further reveals that the Chairman MHRB issued an advertisement on 29.12.2018, for filling up of 71 posts of Dental Surgeons. In the said advertisement, it is very relevant to mention that it was stipulated that weightage would be given to the candidates, who are already rendering service in the Health and Family Welfare Department under Regulation 3(f) of the Regulations of 1951 and on contractual basis under the Government Organization. The petitioners herein have contended that although there is a mention that certain weightage would be given, but there was no specification as to the manner in which the weightage would be given.

7. It is further mentioned in the writ petition that the petitioners, after coming to learn about the issuance of the advertisement, participated in the selection process, by submitting application before the authorities concerned within the prescribed time-limit. The Deputy Secretary, Health and Family Welfare Department, by the letter dated 30.01.2019, had forwarded the applications of the petitioners for the 71 numbers of advertised post of Dental Surgeons to the Chairman of MHRB.

8. Be that as it may, the petitioners’ case herein is that as the petitioners have rendered services from their respective dates of their appointments, the petitioners ought to be regularized and be substantively appointed to the posts, which have been advertised. It is under such circumstances, the petitioners have, therefore, approached this Court seeking the reliefs as have been already mentioned supra.

9. The record reveals that pursuant to the filing of the instant writ petition, this Court by the order dated 22.05.2019 issued notice. Further to that, the consideration of the interim order was also deferred to the next date. It is further seen that on 24.06.2019, this Court d