Page No.# 1/5 GAHC010008332025 2025:GAU-AS:1114 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/286/2025 SHYAMAL KRISHNA ROY AND 5 ORS S/O UTTAM KUMAR ROY. RESIDENT OF S.P ROAD, KARIMGANJ, DIST KARIMGANJ, ASSAM, 788713 2: KOHENOOR BARBHUIYA D/O SRI TAJ UDDIN BORBHUIYA RESIDENT OF MEHRAB ALI LANE CHAMRAGUDAM PO AND DIST SILCHAR ASSAM 788001 3: KAUSHIK BURAGOHAIN S/O SRI CHANDAN BURAGOHAIN LICHUBARI CHARIALI OPP. FLAT STAFF HOUSE PO AND DIST JORHAT ASSAM 785008 4: AKTAR GONI CHOUDHURY S/O ABUL HUSSIAN CHOUDHURY RESIDENT OF TUNDUR KANDI PO AND PS SONAI MUKH DIST CACHAR ASSAM 788119 5: AMIM MAZUMDER W/O MOHAMMAD ALI BARBHUIYA RESIDENT OF VILLAGE ATHAIBASTI PO SMC GHUNGOOR DIST CACHAR Page No.# 2/5 ASSAM 788014 6: HAMMAD SYDI LASKAR S/O NAZIM UDDIN LASKAR RESIDENT OF VILLAGE BALIGHAT PO ARUNCHAL SILCHAR DIST CACHAR ASSA VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY ADDITIONAL CHIEF SECY. TO THE GOVT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR GUWAHATI 06 2:THE SECRETARY TO THE GOVT OF ASSAM HIGHER EDUCATION (TECHNICAL)DEPARTMENT DISPUR GUWAHATI 06 3:THE JOINT SECRETARY TO THE GOVT OF ASSAM HIGHER EDUCATION (TECHNICAL)DEPARTMENT DISPUR GUWAHATI 06 4:THE DIRECTOR OF TECHNICAL EDUCATION ASSAM DIRECTORATE OF TECHNICAL EDUCATION KAHILIPARA GUWAHATI 781019 5:ASSAM ENGINEERING SERVICE RECRUITMENT REPRESENTED BY ITS MEMBER SECRETARY ASSAM TEXTILE INSTITURE CAMPUS GUWAHATI ASSAM 78100 Advocate for the Petitioner : MR. D DAS SR. ADV, MS S SHARMA,MR. K MOHAMMED Advocate for the Respondent : SC, HIGHER EDU, Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 04.02.2025 1. Heard Mr. D.Das, learned Senior Counsel assisted by Mr. H.K.Nath, learned counsel for the petitioners. Also heard Mr. K.Gogoi, learned counsel for the respondents. 2. The petitioners herein who have been appointed in the year 2019 as Guest/Part-Time Lecturers (Technical) in the various Polytechnics of Assam have put to challenge the Advertisement dated 30.12.2024 issued by the Chairman, Assam Engineering Service Recruitment Board. 3. At the outset, Mr. D.Das, learned Senior Counsel submits that the issues raised in the present case have already been covered by the Judgment and Order dated 28.01.2025 passed in two writ petitions, the leading case being WP(C) No. 159/2025. 4. Mr. K.Gogoi, learned counsel for the respondents submits that the impugned Advertisement dated 30.12.2024 had been issued on the basis of the Judgment dated 02.07.2024 passed by the Co-ordinate Bench of this Court in WP (C) No. 2089/2020. As such, the petitioners would have to put to challenge the Judgment passed by this Court in WP (C) No. 2089/2020 before the Division Bench, as the validity of the advertisement dated 30.12.2024, made in pursuance to the liberty given by a Co-ordinate Bench in WP (C) No. 2089/2020, cannot be challenged before this Court. 5. A perusal of the Judgment dated 02.07.2024 passed by the Co-ordinate Bench shows that the Advertisement dated 25.05.2017, for filling up the vacant posts of Lecturer (Technical) in the various Polytechnics had been put to challenge. The co-ordinate Bench disposed of the WP(C) 2089/2020 vide the judgment and order dated 02.07.2024, by setting aside the Advertisement dated 25.05.2017, due to the fact that the Assam Technical Education Services Rules, 1981 (hereinafter referred to as ‘1981 Rules’) had been amended. As per the Page No.# 4/5 un-amended 1981 Rules, the power to conduct the selection process for the posts of Lecturer (Technical) in various Polytechnics of Assam was the Assam Public Service Commission. However, due to the amendment made to the 1981 Rules in the year 2020, the authority to conduct the selection process for the post of Lecturer (Technical) of the various Polytechnics was the Assam Engineering Service Recruitment Board. 6. The dates of appointment of the petitioners are as follows: Pet. No. Name of petitioner Name of the Institute Department Date of Joining 1. Shyamal Krishna Roy Karimganj Polytechnic Electrical Engineering 16.02.2019 2. Kohenoor Barbhuiya Karimganj Polytechnic Electrical Engineering 05.08.2019 3. Kaushik Buragohain HRH The Prince of Wales Institute of Engineering & Technology, Jorhat Instrumentat ion Technology 01.10.2020 4. Aktar Goni Choudhury Silchar Polytechnic, Meherpur Electronics & Telecommuni cations Engineering 25.07.2018 5. Amin Mazumdar Silchar Polytechnic, Electronics & Telecommuni 08.08.2019 Page No.# 5/5 Meherpur cations Engineering 6. Hammad Sydi Laskar Silchar Polytechnic, Meherpur Mechanical Engineering 27.07.2021 7. The Co-ordinate Bench, while disposing of the WP(C) No. 2089/2020, vide judgment and order dated 02.07.2024, had given liberty to the State respondents to advertise the said post that was advertised vide advertisement dated 25.05.2017 afresh, for filling up the same as per the amended 1981 Rules. Thus, when the Co-ordinate Bench has allowed the State respondents to re-advertise the same posts mentioned in the earlier Advertisement dated 25.05.2017 by way of the present impugned Advertisement dated 30.12.2024, the prayer of the petitioners for setting aside the impugned Advertisement dated 30.12.2024 by this court does not arise, inasmuch as, this Court does not have any appellate jurisdiction/authority over the judgment and order dated 02.07.2024 passed in WP(C) No.2089/2020. Further in WP(C) No.159/2025, this Court had dismissed a similar case on similar grounds. 8. However, the above being said, the petitioners are given the liberty to participate in the selection process pursuant to the Advertisement dated 30.12.2024. 9. In view of above reasons, the writ petition stands dismissed. JUDGE Comparing Assistant