Page No.# 1/26 GAHC010216322025 2026:GAU-AS:14268 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5639/2025 JUHISREE HAZARIKA AND ORS AGE -35 D/O-MR .PRODIP HAZARIKA VILLAGE- KENDUGURI PO-SENGELIGAON PS- JORHAT, DIST-JORHAT PIN - 785010 TET ROLL NO- 300448 2: HIMASHREE KASHYAP AGE 26 D/O - PABITRA DEVA SARMAH VILLAGE- DATALPARA NATUNBASTI PO- FATASHIL (AMBARI) PS- FATASHIL (AMBARI) DIST- KAMRUP METRO PIN- 781025 3: PRANAB KHATIORA AGE-30 S/O - GOBINDA KHATIORA VILL- HATIBANDHIA PO- BAKARI DOLONI PS- HELEM DIST- BISWANATH PIN- 784172 TET ROLL NO 902048 4: JADUMONI BORAH AGE- - 28 S/O - - BUPRAM BORAH VILL- - ABHAYAPURIA GAON PO- - BHAKATIDUAR PS- - JENGRAIMUKH Page No.# 2/26 DIST- - MAJULI PIN- - 785110 TET ROLL NO - - 301655 5: ELIMA REHAN . D/O- MUMREZ ALI AGE-28 VILLP.O- NAKUCHI PATHAR DISTRICT - BAJALI PIN-781352 TET ROLL NO-804724 6: . KHANDAKAR ROKIBUL ISLAM S/O KHANDAKAR AMJAD ALI AGE 32 VILL- NAMBERPARA PART 3 P.O- NAMBERPARA P.S ABHAYAPURI DISTRICT BONGAIGAON PIN- 783392 TET ROLL NO- 802274 7: RIMASHREE CHOUDHURY AGE - 27 D/O - PHANIDHAR CHOUDHURY VILLAGE - KARAKUCHI PO - SARTHEBARI PS - SARTHEBARI DIST - BARPETA PIN - 781307 TET ROLL NO- 801429 8: ANOWAR HUSSAIN AGE-32 S/O - ABDUL HALIM VILLAGE -TUPAMARI P.O -TUPAMARI P.S- NAGARBERA DIST . KAMRUP R PIN - 781127 TET ROLL NO - 505207 9: RANJAN KALITA . AGE-31 S/O- GIRIDHAR KALITA VILL- KUHIYAR BARI Page No.# 3/26 P.O- CHAMAHIYA ATI P.S- JENGRAIMUKH DIST- MAJULI PIN- 785105 TET ROLL NO- 301801 10: ZAKARIA HASSAN BARBHUIYA AGE -30 S/O-ABDUL KADIR BARBHUIYA VILLAGE- SERALIPUR PO- TANTOO PS- LALA DIST- HAILAKANDI PIN- 788163 TET ROLL NO-101984 11: ISMAIL HOQUE CHOWDHURY AGE- 28 S/O- MOYNUL HOQUE CHOWDHURY VILLAGE- TAPAR PATHAR PO- TAPAR PATHAR PS- GOROIMARI DIST- KAMRUP PIN- 781137 TET ROLL NO- 505734 12: ABHISHEK CHANGKAKOTY AGE- - 29 S/O - - RAMESH CHANGKAKOTY TOWN- - SIVASAGAR PO- - SIVASAGAR PS- - SIVASAGAR DIST- - SIVASAGAR PIN- - 785640 TET ROLL NO - - 301481 13: SILPISIKHA SAIKIA AGE - 29 D/O - ATUL SAIKIA VILLAGE - BORSUTAR GAON PO - BARANGABARI PS - HALEM DIST - BISWANATH PIN - 784172 TET ROLL NO- 904291 14: PANKAJ SARMAH AGE- 35 Page No.# 4/26 S/O- NIPEN SARMAH VILL- BALIPUKHURI PO- BURIGANG PS- GINGIA DIST- BISWANATH PIN- 784176 TET ROLL NO. - 904477 15: NAZRIN SULTANA AHMED AGE - 33 D/O- NAZIMUDDIN AHMED VILLAGE- BARKUMARPARA PO- PATHARIGHAT PS- SIPAJHAR DIST- DARRANG PIN- 784144 TET ROLL NO- 400377 16: LUCKY DEVI AGE- 31 D/O- TARA KANTA NATH VILL- BAM BESSERIA PO- BESSERIA PS- TEZPUR DIST- SONITPUR PIN- 784150 TET ROLL NO. - 900687 17: SAMSUN NEHAR BEGUM . AGE -30 YRS D/O- ABDUS SALAM SARKAR VILL- KISMAT HASDAHA PT 4 P.O- KISMAT HASDAHA P.S- DHUBRI DIST -DHUBRI (ASSAM) PIN - 783334 TET ROLL NO -601634 18: NAJMIN BEGUM AGE -31 D/O- GIYASUDDIN AHMED VILLAGE- MELAMORA PO- MELAMORA PS- KAMARGAON DIST- GOLAGHAT PIN- 785702 TET ROLL NO -300740 Page No.# 5/26 19: MOAZZAM AKRAM MOZUMDER AGE 37 S/O GIAS UDDIN MAZUMDER VILLAGE- BOWARGHAT PART 2 P.O BOWARGHAT P.S HAILAKANDI DIST HAILKANDI PIN 788164 TET ROLL NO 101704 20: PRIYANKA HALDAR AGE- 27 D/O - RABINDRA HALDAR VILL- BECHAMARI DUBA P. O- PHALIHAMARI PATHER P. S- BHURAGAON DIST- MORIGAON(ASSAM) PIN- 782127 TET ROLL NO- 503558 21: MAMPI DEB ROY AGE - - 28 YEARS D/O - - LT MAKHAN DEB ROY VILLAGE- - AMRAGHAT PO- - DARMIKHAL PS- - KACHUDARAM DIST- - CACHAR PIN- - 788116 TET ROLL NO- - 100516 22: KAIDUR RAHMAN LASKAR AGE 35 S/O - JALAL UDDIN LASKAR VILLAGE - RONGPUR PART 4 PO - SAHABAD PS - KATLICHERRA DIST - HAILAKANDI PIN - 78163 TET ROLL NO - 101593 23: DIPSIKHA SAIKIA AGE - 32 W/O - BABAMONI GOGOI VILLAGE - GHILADHARIMUKH P.O - TEWARIPAL P.S - SOOTEA DIST - BISWANATH Page No.# 6/26 PIN - 784175 TET ROLL NO - 90034 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION DEPARTMENT (SECONDARY), DISPUR, GUWAHATI -781006 2:THE SECRETARY TO THE GOVT OF ASSAM EDUCATION DEPARTMENT (SECONDARY) DISPUR GUWAHATI 781006 3:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI 1 Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI Advocate for the Respondent : SC, SEC. EDU., Linked Case : WP(C)/5370/2025 GAYATRI BORPATRA AND ORS D/O- AKHIL BORPATRA VILL/ TOWN- GUWAHATI BELTOLA P.O- BELTOLA P.S.- HATIGAON DIST- KAMRUP(M) ASSAM PIN- 781028. TET ROLL NO 501346 2: SAROJINI BARUAH AGE- 36 D/O- LATE GAJEN BARUAH VILL/ TOWN- GUWAHATI BELTOLA P.O- BELTOLA P.S.- HATIGAON DIST- KAMRUP(M) Page No.# 7/26 ASSAM PIN- 781028 TET ROLL NO- 504333. 3: RITIMA BARUAH AGE-25 D/O- DILIP BARUAH VILL/ TOWN- GHAGUA P.O- DIGARU P.S.- SONAPUR DIST- KAMRUP(M) ASSAM PIN- 782401 4: JULIANA AHMED AGE- 36 D/O- AFTABUDDIN AHMED VILL/ TOWN- GUWAHATI P.O- SILPHUKURI P.S.- CHANDMARI DIST- KAMRUP(M) ASSAM PIN- 781003 TET ROLL NO- 507817. 5: BORNALI ROY AGE-29 D/O- SUSHIL CH. ROY VILL/ TOWN- PADMABIL P.O- GOSSAIGAON P.S.- GOSSAIGAON DIST- KOKRAJHAR ASSAM PIN- 783360 TET ROLL NO- 600356 6: BEGUM TASLIMA YASMIN AGE- 31 D/O- HAZRAT ALI TALUKDAR VILL/ TOWN- SINGIMARI PT-I P.O- TISTARPAR P.S.- DHUBRI DIST- DHUBRI ASSAM PIN- 783324 TET ROLL NO- 600271 7: SIMANTA GOGOI Page No.# 8/26 AGE-32 S/O- SUBUDH GOGOI VILL/ TOWN- BIHUBOR P.O- BIHUBOR P.S.- BIHUBOR DIST- SIVASAGAR ASSAM PIN- 785687 TET ROLL NO- 201886 8: PUJA SHARMA AGE-29 D/O- LATE RUDAL SHARMA VILL/ TOWN- BARAPUJIA NIZMIKARGAON P.O- BARAPUJIA P.S.- MIKIRBHETA DIST- MORIGAON ASSAM PIN- 782103 TET ROLL NO- 503644 9: RUMI GOGOI AGE- 25 D/O- MR. BIMAL GOGOI VILL/ TOWN- NO2 PAHUKHUWA P.O- MACHKHOWA P.S.- DHEMAJI DIST- DHEMAJI ASSAM PIN- 787057 TET ROLL NO- 202624 10: MD YEAHYEA ALOM AGE- 26 S/O- MD SIRAJ UDDIN VILL/ TOWN- UTTAR BADEJAMA P.O- BARAIGRAM P.S.- PATHARKANDI DIST- SRIBHUMI (KARIMGANJ) ASSAM PIN- 788723 TET ROLL NO- 103489. 11: HIRAK JYOTI SAIKIA AGE-26 S/O- MRIDUL KR. SAIKIA VILL/ TOWN- MAJARATI Page No.# 9/26 P.O- MAJARATI P.S.- SADAR DIST-NAGAON ASSAM PIN- 782002 TET ROLL NO- 903373. 12: ARIFUL ISLAM - AGE- 26 S/O- GAMIRUDDIN AHMED VILL/ TOWN- RANGIA WARD NO.10 P.O- RANGIA P.S.- RANGIA DIST-KAMRUP ASSAM PIN- 781354 TET ROLL NO- 801922. 13: PINKI BARMAN AGE- 28 D/O- ARJUN CH. BARMAN VILL/ TOWN- AMGURI P.O- NORTH BOITAMARI P.S.- ABHAYAPURI DIST-BONGAIGAON ASSAM PIN- 783380 TET ROLL NO- 601299 14: SRUTIMA BHARALI AGE- 28 D/O- DILIP BHARALI VILL/ TOWN- ISSAPURHATI BARPETA P.O- BARPETA P.S.- BARPETA DIST-BARPETA ASSAM PIN- 781301 TET ROLL NO- 801695. 15: SUSHMITA GOGOI AGE- 28 D/O- DILIP KR GOGOI VILL/ TOWN- LONGPOTIA P.O- LONGPOTIA P.S.- SONARI Page No.# 10/26 DIST-CHARAIDEO ASSAM PIN- 785692 TET ROLL NO- 201430. 16: BIKASHITA GOGOI AGE- 27 D/O- BOLIN GOGOI VILL/ TOWN- JUTULONI GAON P.O- LONGPOTIA P.S.- SONARI DIST-CHARAIDEO ASSAM PIN- 785692 TET ROLL NO- 202019 17: NANDITA DAS AGE- 28 D/O- KALYAN KR. DAS VILL/ TOWN- MOUTUPURI P.O- HOWLY P.S.- HOWLY DIST-BARPETA ASSAM PIN- 781316 TET ROLL NO- 801076. 18: MD YASIN ALI AGE- 35 S/O- HUSSAIN ALI VILL/ TOWN- LAOGAON SOLMARI P.O- SOLMARI P.S.- SADAR DIST-NAGAON ASSAM PIN- 782002 TET ROLL NO- 903530. 19: MERI DUTTA AGE- 28 D/O- DHIREN DUTTA VILL/ TOWN- DAHUDI P.O- SOLMARA P.S.- BELSOR DIST-NALBARI ASSAM Page No.# 11/26 PIN- 781338 TET ROLL NO- 803292. 20: MAMPI BASAK AGE-29 D/O- GANESH BASAK VILL/ TOWN- DAKUAPARA P.O- BOKO P.S.- BOKO DIST- KAMRUP(R) ASSAM PIN- 781123 TET ROLL NO- 400298 21: SAJAHAN ALI - AGE- 28 S/O- MALEK ALI VILL/ TOWN- TALOWA GAON P.O- SRINAGAR P.S.- TAMARHAT DIST- DHUBRI ASSAM PIN- 783332 TET ROLL NO- 605514. 22: TUTUMONI DUWARI AGE- 27 D/O- JOGASAWER DUWARI VILL/ TOWN- DICHAW GAON CHARAIDEO P.O- DICHAW- BOTUA P.S.- MORANHAT DIST- CHARAIDEO ASSAM PIN- 785670 TET ROLL NO- 504943. 23: SIMI AKHTARA AGE- 28 D/O- AZIZUL HAQUE VILL/ TOWN- MADULIJHAR P.O- CHAKCHAKA BAZAR P.S.- SORBHOG DIST- BARPETA ASSAM PIN- 781317 TET ROLL NO- 504540. Page No.# 12/26 24: MARUFATUL AZIZ AKAND AGE- 24 D/O- MD ABDUL AZIZ AKAND VILL/ TOWN- POKALAGI P.O- KAMANDANGA P.S.- TAMARHAT DIST- DHUBRI ASSAM PIN- 783332 TET ROLL NO- 603817. 25: MINAL HUDA AGE- 29 S/O- EUSOB ALI VILL/ TOWN- SUTARPARA CHAR P.O- SUTARPARA P.S.- MATIA DIST- GOALPARA ASSAM PIN- 783125 TET ROLL NO- 506062. 26: RAJASHREE BORAH AGED ABOUT 28 YEARS C/O- SURAJIT SAIKIA R/O- BAREGHAR BHAKAT GAON P.O.- BONAI P.S.- TEOK DIST- JORHAT ASSAM PIN- 785683 TET ROLL NO. 301066 VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM EDUCATION DEPTT SECONDARY DISPUR GUWAHATI 6 2:THE SECRETARY TO THE GOVT OF ASSAM EDUCATION DEPARTMENT (SECONDARY) DISPUR GUWAHATI 781006 3:THE DIRECOTR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI 19 ------------ Advocate for : MR. D GOGOI Page No.# 13/26 Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND ORS Linked Case : WP(C)/5366/2025 DORATHI PHUKAN AND ORS W/O NAVAKAMAL SONOWAL VILL KAKODUNGA MUKTINAGAR RAIDANGJURI PO RAIDANGJURI PS BORHOLLA DIST JORHAT PIN 785631 TET ROLL NO. 302041 2: SIMPI NATH D/O DIMBESWAR NATH VILL BALICHAPARI NATH GAON PO MADHUPUR PS GARAMUR DIST MAJULI PIN 785104 TET ROLL NO. 302210 3: RIMJIM BORAH D/O PROMOD BORAH VILL SOLAGURI PO SOLAGURI PS JAMUGURIHAT DIST SONITPUR PIN 784180 TET ROLL NO. 902923 4: TRISHNA GOGOI D/O LT TARUN GOGOI VILL CHANG CHAKI PO DAKHIN CHANGCHAKI PS KAMRUP DIST NAGAON PIN 782426 TET ROLL NO. 509580 5: PARAG JYOTI GOGOI S/O BAKUL GOGOI VILL KACHARIGAON KATHIATOLI PO KATHIATOLI PS KAMRUP DIST NAGAON PIN 782427 TET ROLL NO. 400829 6: NIRMALI GOGOI D/O BIREN GOGOI VILL WARD NO. 5 BORGOHAIN GAON PO AND PS NORTH LAKHIMPUR DIST LAKHIMPUR PIN 787001 TET ROLL NO. 701568 7: NIHARIKA CHOUDHURY D/O SASHADHAR CHOUDHURY VILL ATHGAON PO HINGULEE PS KAMALPUR DIST KAMRUP RURAL PN 781380 TET ROLL NO. 401231 8: IRIN CHUTIA D/O LT SARBANANDA CHUTIA VILL AND PO SISSIBORGAON PS SILAPATHAR DIST DHEMAJI PIN 787110 TET ROLL NO. 202150 VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM EDUCATION DEPTT SECONDARY DISPUR GUWAHATI 6 2:THE SECRETARY TO THE GOVT OF ASSAM EDUCATION DEPTT SECONDARY DISPUR GUWAHATI 781006 Page No.# 14/26 3:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI 781019 ------------ Advocate for : MR S BORTHAKUR Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND ORS BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 24.09.2026 Heard Mr. S Borthakur, Learned Senior Counsel for the Petitioners. Also heard Mr. P P Dutta, Learned Standing Counsel, Dept. of Elementary Education, Assam. 2. As the issues arising in the above noted Writ Petitions are one and the same, although recruitment involved being for different posts, i.e. Post Graduate Teacher and Graduate Teacher, with the consent of the Parties, the Writ Petitions were heard analogously and are being disposed of vide the present common order. 3. The Petitioners, by way of instituting the above noted Writ Petitions, have raised a grievance with regard to non-compliance by the Respondent authorities of the condition set-out in Clause 2(f) of the advertisement dated 26.12.2023, to the effect that after the publication of the initial merit list, further vacancies from the same recruitment process, being available, a further merit list was not Page No.# 15/26 published. 4. As projected by the Petitioners in the above noted Writ Petitions, vide advertisements dated 26.12.2023, the Director of Secondary Education, Assam, initiated separate recruitment exercise for filling up of vacant posts of Post-Graduate Teachers, as well as Graduate Teachers, available in different provincialised Secondary Schools of the State. In terms of the advertisements so published, 1424 (One Thousand Four Hundred and Twenty-Four) posts of Post Graduate Teachers was advertised while 7249 (Seven Thousand Two Hundred and Forty-Nine) posts of Graduate Teachers, came to be advertised. 4.1 In the advertisements dated 26.12.2023, in Clause 2(f), it was stipulated that in the event, after publication of the initial merit list, any post, amongst the advertised posts, remains vacant, the Respondent authorities shall publish 2 (two) further merit lists, for recruitment against the posts, so advertised. The manner of recruitment was again further clarified by way of issuance of Addendums, both dated 16.10.2024, wherein, it was stated that the initial merit list would be prepared from a draft merit list, so prepared, incorporating candidates, twice the number of vacancies advertised, on the basis of the merit obtained by the candidates in the selection Page No.# 16/26 process. The final merit list to be published was to be so published by maintaining the ratio of 1:1, i.e. for 1 (one) post, 1 (one) candidate. 4.2 The Petitioners participated in the selection process, however, their names were not incorporated in the initial merit list published. 4.3 The Petitioners, on coming to learn that out of the posts advertised, vide the advertisements dated 26.12.2023, many posts remained vacant, the Petitioners approached the authorities for invoking of the provisions of Clause 2(f) of the advertisements dated 26.12.2023. However, the prayers made by the Petitioners before the Respondent authorities not being considered, the Petitioners have instituted the present Writ Petition. 5. Mr. S Borthakur, Learned Senior Counsel for the Petitioners, in the above noted Writ Petitions, submits that the Petitioners fulfilled all the requisite eligibility criteria, as mandated in the respective advertisements, issued towards recruitment of eligible persons as either Post Graduate Teachers or Graduate Teachers. However, their names were not incorporated in the initial merit list published, in pursuance to the selection process initiated, vide the said advertisements dated 26.12.2023. Mr. S Borthakur, Learned Senior Counsel for the Petitioners, submits that in terms of the disclosure Page No.# 17/26 made by the Director of Secondary Education, Assam, in the affidavit filed in the matter, out of the 1424 (One Thousand Four Hundred and Twenty-Four) posts of Post Graduate Teachers advertised, vide the advertisements dated 26.12.2023, only 1265 (One Thousand Two Hundred and Sixty-Five) posts were filled up and the remaining posts are still lying vacant. He further submits that out of the 7249 (Seven Thousand Two Hundred and Forty-Nine) posts of Graduate Teachers, so advertised, vide advertisement dated 26.12.2023, the Respondents have projected that only 6240 (Six Thousand Two Hundred and Forty) posts were so filled up and the remaining posts continued to remain vacant. 5.1 Mr. S Borthakur, Learned Senior Counsel for the Petitioners submits that a perusal of the provisions of Clause 2(f) would go to reveal that the Respondent authorities had undertaken to publish further merit lists in the event, all the posts advertised, vide the advertisements dated 26.12.2023, are not filled up from the initial merit list so published. Mr. S Borthakur, Learned Senior Counsel for the Petitioners submit that in terms of the provisions of Assam Fiscal Responsibility and Budget Management Act, 2005, a select list is to be published only to the extent of the posts available. He submits that the earlier system of publication of select list, containing names of Page No.# 18/26 candidates, double the number of the vacancies, has been done away with. Accordingly, Mr. S Borthakur, Learned Senior Counsel for the Petitioners submits that a recruitment process being initiated for a determined number of vacancies, the Respondent authorities had in the provisions of Clause 2(f) of the advertisements in question, incorporated a stipulation, with regard to the publication of further merit list in the event, if it is so warranted. 5.2 Mr. S Borthakur, Learned Senior Counsel for the Petitioners, further submits that the contention of the Petitioners that all the advertised vacant posts were not filled up, has not been denied by the Respondent authorities. Mr. S Borthakur, Learned Senior Counsel for the Petitioners, by referring to the Addendums issued in the matter on 16.10.2024, has submitted that the provisions of Clause 5(xi) and Clause 5(xii), as the case may be, thereof, would have no application, with regard to the publication of further merit list, as set- out in Clause 2(f) of the advertisements in question, inasmuch as, the provisions of Clause 5(xi) and Clause 5(xii), as the case may be, of the Addendums, only pertains to the manner of preparation of merit list and in no manner had amended the provisions of Clause 2(f), as originally contained in the advertisements in question. It is submitted that in the Addendum, issued in respect of recruitment against posts Page No.# 19/26 of Graduate Teachers, the prescription, with regard to preparation of select list, is set out in the provisions of Clause 5(xi), while in the Addendum issued with regard to the recruitment against the post of Post Graduate Teachers, the said prescription is set out in the provisions of Clause 5(xii). However, the context of both the said clauses are verbatim. 5.3 Accordingly, Mr. S Borthakur, Learned Senior Counsel for the Petitioners submits that the Respondent authorities are required to be directed to comply with the provisions of Clause 2(f) of the advertisements in question and in the event, the Petitioners are found to be placed within the merit position mandating incorporation of their names in the merit list, a fresh merit list be published to the extent of the vacancies available and the Petitioners, if so incorporated, therein, be appointed against the posts for which they are so selected. 6. Mr. P P Dutta, Learned Standing Counsel, Dept. of Secondary Education, Assam, submits that the stipulations, as made in Clause 2(f) of the advertisements dated 26.12.2023, to the effect that further merit list would be published in the event, after publication of the initial merit list, in the event, all the advertised posts are not filled up, was amended by the provisions of Clause 5(xi) and 5(xii) of the Page No.# 20/26 Addendums, dated 16.10.2024, as the case may be. He submits that the Respondent authorities, now having taken recourse to preparation of a draft merit list, incorporating, therein, candidates, twice the number of vacancies available and from such draft merit list, the merit list being prepared by maintaining the ratio of 1:1, with regard to the number of posts and the candidates concerned, there is no requirement for publication of a further merit list. 6.1 Mr. P P Dutta, Learned Standing Counsel, Dept. of Elementary Education, Assam has submitted that, in the event posts have remained vacant after the publication of the initial merit list and appointment of the candidates, therefrom, the said vacancies would now be mandated to be filled up by way of a regular selection process. 7. I have heard the Learned Counsel for the Parties and perused the materials available on record. 8. The issue arising in the present proceedings, being with regard to the purport of the provisions of Clause 2(f) of, the advertisements dated 26.12.2023, the provisions, thereof, being relevant, the same is extracted, hereinbelow : “(f) In case, any post remains vacant after publication of the first Merit List as per the ratio of 1: 1, then maximum 2 (two) more numbers of Merit List will be published.” Page No.# 21/26 9. A perusal of the said provisions would go to reveal that the authority, issuing the advertisements, had stipulated that in case any post, amongst the advertised posts, remains vacant after publication of the initial merit list, by following the ratio of 1:1, then maximum 2 (two) more merit lists would be permissible to be published for the purpose of filling up all the posts of Post Graduate Teacher and Graduate Teacher, that were put up for recruitment. This Court finds that the said provision was so incorporated with a view to ensure that the selection process so instituted, being for recruitment of teachers and there being a necessity for having, adequate number of teachers occupying posts in the Schools concerned and also considering the cost factor involved in undertaking a process of recruitment, the Respondent authorities had incorporated the provisions of Clause 2(f) in the advertisement. 10. As noticed hereinabove, prior to the coming into force of the Assam Fiscal Responsibility and Budget Management Act, 2005, select lists were being published in the State for the posts so advertised, twice the number of posts available. However, with the coming into force of the Assam Fiscal Responsibility and Budget Management Act, 2005, the said procedure was given a go bye and select lists were being published only to the extent of the posts available after Page No.# 22/26 providing, therein, the reservation mandated for various Reserved Communities, as well as, for persons with disability etc. Accordingly, in such a situation, it can be visualized that in the event the selected candidates does not join against the posts, in question, the expenditure incurred for the recruitment purpose would go to waste and accordingly, the Respondent authorities were within their rights to incorporate the provision as contained in Clause 2(f) in the advertisements in question. 11. This Court, further, from the materials brought on record, more particularly, the affidavit filed by the Respondents, finds that all the posts advertised, vide the advertisements in question, were not filled up and there are still posts lying vacant out of the said recruitment exercise, both in the category of Post Graduate Teacher as well as Graduate Teacher. The respondents, however, had not followed the prescription made in Clause 2(f) of the advertisements and have sought to justify the same by referring to the provisions of Clause 5(xi) and Clause 5(xii) of the Addendums dated 16.10.2024, as the case may be, issued in respect of all the advertisements in question. Provisions of Clause 5(xi) and 5(xii) being relevant, the same is extracted, hereinbelow : (For Graduate Teachers) “5. Additional Information: - Page No.# 23/26 ………………….. ………………….. xi. For verification of qualification and other particulars of the candidates, a draft merit list will be published with a ratio of 2 candidates against one vacancy. Thereafter, after verification, a final merit list will be prepared from the draft merit list as per the outcome of the verification report and as per the merit in the draft merit list in the ratio of 1:1.” (For Post Graduate Teachers) “5. Additional Information: - ………………….. ………………….. xii. For verification of qualification and other particulars of the candidates, a draft merit list will be published with a ratio of 2 candidates against one vacancy. Thereafter, after verification, a final merit list will be prepared from the draft merit list as per the outcome of the verification report and as per the merit in the draft merit list in the ratio of 1:1.” 12. This Court would note that the provisions with regard to preparation of merit list, in respect of the process of recruitment initiated for Graduate Teachers, was incorporated in Clause 5(xi) of the Addendum issued, while for the process of recruitment initiated for Post Graduate Teacher, similar provision was incorporated in Clause 5(xii) of the Addendum issued. 13. A perusal of the provisions of Clause 5(xi) or Clause 5(xii), as the case may be, would go to reveal that, therein, the manner of preparation of the merit list is being provided for. The provisions mandate that the purpose of verification of the qualification and other particulars of a candidate, a draft merit list would be published in a ratio of 2:1, i.e. 2 (two) candidates against 1(one) vacant post. In other words, the draft merit list would be published incorporating, Page No.# 24/26 therein, candidates, twice the number of vacancies available. It further stipulates that after verification of the qualification and other particulars of a candidate, a final merit list would be prepared from the draft merit list, by applying the ratio of 1:1, i.e. 1 (one) candidate against 1 (one) post. 14. This Court on a perusal of the provisions of Clause 5(xi) and Clause 5(xii) of the Addendums dated 16.10.2024, as the case may be, does not find the same, in any manner, has superseded the provisions of Clause 2(f) of the advertisements in question. This court finds that in the provisions of Clause 5(xii), only the manner of preparation of a final merit list, has been set-out and the same, in no manner, amends the provisions of Clause 2(f). 15. Accordingly, this Court is of the considered view that the provisions of Clause 2(f), having not been expressly amended and/or deleted from the provisions of the advertisements in question, the same continues to hold the field and the Respondents are bound to comply with the said stipulation, in the event, all the posts so put up, vide advertisements dated 26.12.2023 are not filled up. 16. Accordingly, in view of the above conclusions drawn by this Court, this Court directs the Director of Secondary Education, Assam, to examine as to whether there are posts, from amongst the Page No.# 25/26 advertised posts, lying vacant after the appointments were effected from the initial merit list published in pursuance to the advertisements in question and in the event it is found that there are vacant posts available, out of the posts, so advertised, vide the advertisements in question, the Respondents shall proceed to comply the provisions of Clause 2(f) of the advertisements in question and prepare a further merit list, strictly in accordance with the provisions of Clause 5(xi) and Clause 5(xii) of the Addendums dated 16.10.2024, as the case may be, issued in pursuance to the said advertisements. 17. The Petitioners, in the above noted Writ Petitions, by reckoning the merit position obtained by them in the selection held, if found eligible to be included, in the further merit lists to be published against the post of Post Graduate Teacher or Graduate Teacher, as applied for by them, the Petitioners be appointed against the post they are so selected. 18. The Director of Secondary Education, Assam, shall for the purpose of complying with the directions passed, hereinabove, initiate the required exercise and conclude the same within the period of 1 (one) month, from the date of receipt of a certified copy of this order, along with individual representations from the Petitioners, in the above noted Writ Petitions. Page No.# 26/26 19. With the above observations and directions, the above noted Writ Petitions, WP(C)/5639/2025, WP(C)/5366/2025 and WP(C)/5370/2025, stand disposed of. JUDGE Comparing Assistant