Page No.# 1/7 GAHC010101052025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2672/2025 MRS BHAGYASHREE DEKA AND ANR D/O SRI BINAY DEKA, RESIDENT OF JORHAT LICHUBARI, NEAR H.H.M INSTITUTE SCHOOL, P.O AND P.S- JORHAT, PIN-785001 2: MS SIKHA SWARNAKAR D/O BIJOY KR. SWARNAKAR RESIDENT OF TARAJAN DCB ROAD WARD NO 11 OPP. ROYAL OAK HIGH SCHOOL JORHAT P.O AND P.S - JORHAT PIN-78500 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCATION (TECHNICAL) DEPARTMENT, DISPUR, GUWAHATI-6 2:THE ADDITIONAL SECRETARY TO THE GOVT OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR OF TECHNICAL EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE PRINCIPAL JORHAT INSTITUTE OF SCIENCE AND TECHNOLOGY SOTAI Page No.# 2/7 JORHAT ASSAM PIN-78501 Advocate for the Petitioner : MR. D BARUAH, MS. P HANDIQUE,MR. P K BORDOLOI Advocate for the Respondent : SC, HIGHER EDU, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 17.10.2025 Heard Mr. D. Baruah, learned counsel for the petitioners. Also heard Mr. S. Das, learned standing counsel for the respondents in the Higher Education Department. 2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for issuing direction to the respondent authorities to appoint them under the provision of Regulation 3(f) of Assam Public Service Commission (Limitation and Function) Regulation, 1951, as per Cabinet decision dated 24.09.2024, and letter dated 29.10.2024, and also in the light of the order dated 01.05.2025, passed by this Court, in WP(C) No. 938/2025. 3. Mr. Baruah, learned counsel for the petitioners submits that the petitioner No. 1 was appointed as Assistant Professor in the Department of Electrical Engineering and attached with Power Electronics and Instrumentation at Jorhat Institute of Science and Technology (‘JIST’, for short), Jorhat, vide order dated 23.08.2016, and pursuant to the advertisement dated 20.06.2019. And pursuant to the order dated 19.08.2019, she had been attached as Assistant Professor in the Department of Electronics and Telecommunication Engineering. Mr. Baruah also submits that the petitioner No. 2 was appointed as Page No.# 3/7 Assistant Professor in the Department of Electronics and Telecommunication Engineering in JIST, Jorhat, vide order dated 04.09.2018, and the Principal of JIST had issued Experience Certificate to both the petitioners. Mr. Baruah further submits that they were continuing their service till their termination dated 10.03.2025. And in the meantime, the State Cabinet had taken a decision to appoint the part-time faculty in Regulation 3(f) of Assam Public Service Commission (Limitation of Function) Regulation, 1951 and accordingly, vide Notification dated 22.01.2025, 70 (seventy) Nos. of faculties have been appointed under the provision of Regulation 3(f). But, the petitioners were not considered. Mr. Baruah also submits that subsequently, some similarly situated faculties approached this Court by filing a writ petition challenging the action of the respondents for not appointing them under Regulation 3(f), by filing WP(C) No. 938/2025, and after hearing the parties, this Court, vide order dated 01.05.2025, was pleased to dispose of the petition with a direction to the respondents to appoint them to the post of Assistant Professor under the Regulation 3(f) as per Cabinet decision dated 24.09.2024, within a period of 10 (ten) days. Mr. Baruah further submits that the present petitioners are also seeking similar relief since they are in similar footing to the petitioners of WP(C) No. 938/2025, and therefore, it is contended to allow this petition. 4. The respondent No. 3/Director of Technical Education, Assam has filed his affidavit-in-opposition, wherein it is stated that a Cabinet meeting of the Government of Assam was held on 24.09.2024, wherein the following decision has been taken: "The Cabinet rejected the proposal for change of nomenclature of the Part-Time Faculty and Guest Faculty engaged in various Polytechnic Colleges and Government Engineering Colleges across Assam as Contractual Faculty. Page No.# 4/7 Instead, the Cabinet approved engagement of these faculties on an ad-hoc basis against the sanctioned posts in accordance with the principles outlined in Regulation 3(f) as per the extant rules as applicable for appointments in Government Engineering Colleges and Polytechnics in Assam." 4.1. It is also stated that thereafter, the Cabinet of the Government of Assam has approved to engage the Part-Time Faculty and Guest Faculty engaged in various Polytechnics and Government Engineering Colleges of Assam on ad-hoc basis against the sanctioned posts in accordance with the principles outlined in Regulation 3(f) as per the extent rules as applicable for appointments in Government Engineering Colleges and Polytechnics in Assam, and to execute the decision of Cabinet, dated 24.09.2024, the Part-time Faculties engaged in the Engineering Colleges and Polytechnics were released from their engagement first to consider re-engagement subject to their eligibility and availability of relevant vacancy on ad-hoc basis against the sanctioned posts in terms of the principles outlined in Regulation 3(f) as per the extant rules as applicable. 4.2. It is also stated that pursuant to the Government instruction, vide eCF No.443823/24, dated 07.03.2025, all the Part Time Faculties working in Government Engineering Colleges and Polytechnics were released, except where this Court had directed not to disturb the service, and accordingly, the petitioners who were engaged by the Principal of JIST were released by the Principal of the same institute, vide notice dated 10.03.2025. 4.3. It is further stated that an enquiry was conducted by Sri B.R. Samal, IAS, the then Addl. Chief Secretary to the Government of Assam, Higher Education Department with respect to the appointment of Part-Time Lecturers, Part-Time Assistant Professors by the Director of Technical Education, Principals of Assam Engineering Colleges and Polytechnics from time to time, and during the process Page No.# 5/7 of the enquiry, the Director of Technical Education, Assam and the Principals of Engineering Colleges and Polytechnics were called for hearing along with instructions to submit relevant documents of the candidates, who were engaged as Part-Time Faculty. Thereafter, the report of the said enquiry was submitted by Sri B.R. Samal, IAS, the then Addl. Chief Secretary to the Government of Assam, Higher Education Department on 14.02.2024, and as per said report, it was found that while engaging the Part-Time Faculties, no prior approval was sought for from the higher authority and no proper procedure was followed in finalizing the selection of candidates by the respective Principals of the institutions. Moreover, as per said the report, even some candidates were engaged, who did not fulfill the AICTE norms. 4.4. It is also stated that the Government of Assam in Higher Education (Technical) Department had created 37 (thirty seven) numbers of Lecturer (Now re-designated as Assistant Professor) in JIST, Jorhat, vide order dated 20.08.2009, and there was no subject/department wise specification of post in the said order. Thereafter, the Assam Engineering Service Recruitment Board (AESRB) had published an advertisement for filling up 54 (fifty four) number posts of Assistant Professor (Technical) in Government Engineering Colleges of Assam in different branches of Engineering, and the existing sanctioned vacant posts of Assistant Professor (Technical) in Engineering Colleges, including JIST, Jorhat are going to be filled on regular basis by the candidates to be selected through the ongoing selection process conducted by the AESRB and as such, at this stage the petitioners cannot be considered for engagement on an ad-hoc basis as per Regulation 3(f) of APSC. 5. The petitioners have filed an additional affidavit bringing on record some documents as Annexure- 19 and 20; and Annexure-21 and 22. Page No.# 6/7 6. The petitioners have filed another additional affidavit on 09.09.2025, wherein it is stated that initially the Government had sanctioned 37 (thirty seven) posts of Assistant Professor (Technical) in JIST and out of that, only 22 (twenty two) posts have been filled up till date by regular appointment, as per proposal dated 24.06.2025, submitted by the Principal of JIST to the respondent No. 3, and that in the Department of Computer Science and Information Technology in JIST, there are 5 (five) sanctioned posts, but, only 1 (one) post is filled up by regular appointment, and that still some more posts are lying vacant in various Government Engineering Colleges of Assam. 7. In view of the additional affidavit filed by the petitioners, Mr. Das, learned standing counsel for the respondents in the Higher Education Department was directed to obtain written instruction and accordingly, Mr. Das has produced a letter dated 24.09.2025, of the Director of Technical Education, Assam before this Court and submits that except one post of Associate Professor (Civil), one post of Associate Professor (Mechanical), one post of Professor (Civil) and one post of Professor (Mechanical), no other posts are lying vacant, and as such, the petitioners cannot be appointed, and that the remaining posts have already been filled up by regular appointment. 8. However, Mr. Baruah, learned counsel for the petitioners submits that though as per written instruction obtained by Mr. Das, learned counsel for the respondents in the Higher Education Department, there is no vacant post in the Department of Electronics and Telecommunication Engineering in JIST, yet the same is not correct position and that some posts are still lying vacant and therefore, this petition may be allowed by directing the respondent authorities to appoint the petitioners under Regulation 3(f). 9. In view of the submissions of learned counsel for both the parties, and Page No.# 7/7 also in view of the given factual background, this Court is inclined to dispose of this petition by directing the respondent authorities to verify the existence of any vacancy in the Department of Electronics and Telecommunication Engineering in JIST or in any other Government Engineering Colleges or Polytechnics, and if there exists any vacancy in the aforesaid Department, the respondent authorities may consider appointing the petitioners to the said posts under Regulation 3(f) of the Assam Public Service Commission (Limitation and Function) Regulation, 1951, as per Cabinet decision dated 24.09.2024. 10. The aforesaid exercise shall be carried out within a period of one month from the date of receipt of certified copy of this order. The petitioners shall obtain a certified copy of this order and place the same before the respondent authorities within a period of two weeks from today. 11. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant