The principle of equality mandates that similarly situated individuals must receive akin treatment regarding service regularization, emphasizing that the failure to regularize the petitioners while others were regularized is unjustifiable.

JUDGMENT :

Heard Mr. M.K. Choudhury, learned Senior Counsel, assisted by Mr. A.U. Ahmed, learned counsel for the petitioners. Also heard Mr. K. Gogoi, learned standing counsel, Higher Education, appearing for the respondent No.2, Mr. R.M. Das, learned standing counsel for the respondent No.3, Mr. R.R. Kaushik, learned standing counsel for the N.C. Hills and Mr. P.P. Dutta, learned standing counsel for the respondent No.5.

2. In this petition, under Article 226 of the Constitution of India, three petitioners, namely, Ms. O. Anjana Devi, Ms. Priyanka Hojai and Ms. Anima Das, have prayed for issuing direction to the respondent authorities to regularize their services as Lecturers/Assistant Professors in the department of Physics, History and Zoology, respectively, in Haflong Government College, by relaxation of Rules as has been done in the case of similarly situated Lecturers of Government Colleges including Haflong Government College, vide orders dated 02.06.2006, 27.02.2016 and 12.06.2017 (Annexures-14, 28 and 29), issued by the Higher Education Department.

3. The background facts leading to filing of the present writ petition is briefly stated as under:-

“The petitioner No.1 was appointed as Lecturer in the Department of Physics, the petitioner No.2 was appointed as Lecturer in the Department of History and the petitioner No.3 was appointed as Lecturer in the Department of Zoology of Haflong Government College, under Regulation 3(f) of A.P.S.C. (L&F) Regulation, 1951 in UGC scale of pay along with many others in different disciplines, vide Notification dated 23.03.2001 (Annexure- 4). Thereafter, the services of the petitioners were extended from time to time by the respondent authorities. Thereafter, a selection process was conducted by APSC, vide advertisement dated 17.05.2001 (Annexure-5) and the petitioners were duly selected by the APSC, vide select list dated 17.05.2002 (Annexure-6), but, they could not be regularized as their posts did not cover the recommendation. The petitioners have qualified in SET and also completed M.Phil. and they become fully qualified for being regularized and appointed as Lecturers/Assistant Professors in the Government Colleges. Thereafter, the N.C. Hills Autonomous Council also conducted a selection in the month of September, 2005 for fresh appointment or extension of service, wherein the petitioners were selected for re-engagement on contractual basis by the Principal Secretary, N.C. Hills Autonomous Council, Haflong, vide Notifications dated 02.09.2005 and 21.11.2005.

The pleaded case of the petitioners‟ is that the Dima Hasao Autonomous Council (Erstwhile N.C. Hills Autonomous Council) wanted regular appointment/regularization of services of the petitioners and other Lecturers, who have been working under Regulation 3(f) of the 1951 Regulation or on contractual basis in sanctioned posts in Haflong Government College and on several occasions the Council insisted the Government of Assam to regularize the service by way of relaxation of Rules or by a Cabinet decision and the Council also requested the Government that since the services of some lecturers, who were working on contractual basis at Diphu Government College, have been regularized by way of Cabinet decision, vide Notifications dated 02.06.2006 (Annexure- 14), 27.02.2016 (Annexure-28) and 12.06.2017 (Annexure-29), the services of the petitioners in Government Colleges, may also