Page No.# 1/5 GAHC010236582025 2026:GAU-AS:710 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6140/2025 NAYAN JYOTI SARMA AND ORS S/O KUMUD CHANDRA SARMAR/O H. NO. 14, SUKAFA PATH, TOWN - GUWAHATIP.O - PANJABARI, P.S - SATGAON, PIN - 781037, KAMRUP METRO, ASSAM 2: KULDIP RAJBONGSHI S/O CHANDRA KANTA RAJBONGSHIR/O GHORAMARA NIRIBILI PATH GUWAHATI-28 TOWN - GUWAHATIP.O/ - BELTOLA P.S - HATIGAON PIN 781028 KAMRUP METRO ASSAM 3: ROHAN MAHMOOD S/O ABDUR RASHIDR/O ABHAYAPURI WARD NO 01 TOWN - ABHAYAPURIP.O/P.S - ABHAYAPURI PIN 783384 BONGAIGAON ASSAM 4: FARUQUE MOHAMMAD SAIKIA S/O LATE MAHCHIN ALI SAIKIAR/O HAJO DAULASHAL PATH VILL - LOHARKATHA P.O - LOHARKATHA P.S - MUKALMUA PIN 781126 NALBARI ASSAM 5: NAZNINA YESMIN D/O AKBAR ALI R/O D2 BLOCK II AMAN HERITAGE Page No.# 2/5 MOTHER TERESA PATH OPP HATIGAON POLICE STATION HATIGAON TOWN GUWAHATIP.O/P.S - GUWAHATI PIN 781038 KAMRUP METRO ASSAM 6: RUPAK KALITA S/O ARABINDA CHANDRA KALITAR/O WARD NO 01 COLLEGE ROAD JYOTI NAGAR NEAR TOWN COMMITTEE OFFICE PATHSALA TOWN - PATHSALAP.O - PATHSALA P.S - PATACHARKUCHI PIN 781325 BAJALI ASSAM 7: KAMAL DAS S/O RASHMI DASR/O RUPNAGAR SANKARDEV PATH HOUSE NO - 45 TOWN - RUPNAGAR GUWAHATIP.O - INDRAPUR P.S - BHANGAGARH PIN 781032 KAMRUP METRO ASSAM 8: RAJIB KR DEKA S/O - MADHU RAM DEKAR/O VILL BAGTA P.O - BAGTA P.S - HAJO PIN 781102 KAMRUP RURAL ASSAM 9: ANKUR JYOTI DAS S/O -NIROD CH. DASR/O PANDU SADILAPUR JALUKBARI GUWAHATI-781012 TOWN - PANDU GHYP.O - PANDU P.S - JALUKBARI PIN 781012 KAMRUP METRO ASSAM Page No.# 3/5 10: SYEDA NASHRIN SULTANA D/O SYED NAJIBUDDIN AHMEDR/O NALBARI MALIKUCHI WARD NO-2 781335 NALBARI ASSAM 11: PARBIN EYASMIN D/O TAIZUDDIN AHMEDR/O VILLAGE BARNI P.S. HAJO KAMRUP 78110 VERSUS THE STATE OF ASSAM AND ORS REP. BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS ROADS DEPTT. ASSAM SECRETARIAT DISPUR GUWAHATI-6. 2:THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF ASSAM PUBLIC WORKS ROADS DEPTT ASSAM SECRETARIAT DISPUR GUWAHATI-6. 3:THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF ASSAM PUBLIC WORKS BUILDING AND NH DEPTT ASSAM SECRETARIAT DISPUR GUWAHATI-6 2022 4:THE ADDITIONAL CHIEF ENGINEER (P) PWD ROADS OFFICE OF THE CHIEF ENGINEER PWD ROADS ASSAM CHANDMARI GUWAHATI 5:THE FINANCE DEPARTMENT REPRESENTED BY ITS COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM GROUND FLOOR F BLOCK JANATA BHAWANDISPUR GUWAHATI 781006 6:ASSAM PUBLIC SERVICE COMMISSION REP BY ITS CHAIRMAN JAWAHAR NAGAR KHANAPARA Page No.# 4/5 GUWAHATI ASSAM PIN-78102 Advocate for the Petitioner : MR B P BORAH, MR. U S BORA,MR J. B. CHOUDHURY,MISS. J GOGOI,MR. A KHANDAKAR Advocate for the Respondent : SC, APSC, SC, PWD,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 21-01-2026 Heard Mr. B.P. Borah, learned counsel for the petitioners. Also heard Mr. P. Nayak, learned Addl. AG, Assam appearing for the respondents Nos. 1 to 5 and Mr. T.J. Mahanta, learned Sr. counsel assisted by Ms. P. Sharma, learned standing counsel, APSC appearing for the respondent No. 6. Mr. Borah submits that in pursuance to the advertisement dated 19-11-2019 a recruitment process for filling up 307 posts of Junior Engineer in the PWD was initiated. On completion of the selection process the selected candidates have been appointed against the vacant posts so available. However, he submits that there are vacant posts of Junior Engineer (Civil) available in the department, against which the petitioner can be continued under Regulation 3(f) of the Assam Public Service Commission (Limitation of Function) Regulations, 1951 (in short the Regulation of 1951). Mr. Nayak, learned Addl. AG, Assam, however, disputes the contention of the petitioner and submits that the petitioners were only working under the Regulation 3(f) of the said Regulation of 1951 and they had also appeared in the selection process, however, barring one of the petitioners, the others were not successful in the selection process, accordingly, they are not entitled to continue with the ad-hoc appointment so made in their respective cases. Page No.# 5/5 Mr. Borah by referriing to an order dated 19-12-2025 passed in I.A.(C) No. 3950/2025, by which this Court had granted liberty to the petitioners to file detailed representation before the Commissioner & Special Secretary to the Govt. of Assam, PWD (Road) for resolution of their grievances, submits that although the recruitment process involved has been taken to its logical conclusion, there exists vacant posts against which the petitioners can be continued in their services under Regulation 3(f). He accordingly prays that he be permitted to withdraw the present writ petition to pursue the representation already preferred by the petitioners before the respondent authorities in terms of the directions passed by this Court vide order dated 19-12-2025 in I.A.(C) No. 3950/2025. The said prayed has not been objected to by the learned counsel for the respondents. In view of the above, the present writ petition stands dismissed on withdrawal, however, with liberty reserved to the petitioner to continue to pursue the representation submitted by them before the respondent authorities. The respondent authorities shall, in the event the representation has been so preferred, consider and dispose of the same in accordance with law by way of passing a speaking order. JUDGE Comparing Assistant