WP(C) 449/2011 BEFORE THE HON’BLE MR JUSTICE U.B.SAHA By the instant writ petition, the petitioner Smt. Nalini Devi, has made a prayer for direction to the respondents to regularize the service of the petitioner ag ainst the existing post where the private respondent has been appointed as an A ssistant Teacher against the vacancy lying in Bhagyasari Baruani L.P School, Ba hana, Kamrup district, Assam, granting recognition of the post ( 3rd Assistant Teacher) in which the petitioner has been working for more than 15 years. Heard Mr. S. C. Biswas, learned Counsel for the petitioner as well as Mr . M. R. Pathak, learned Counsel for the respondents 1,2 and 3. It is submitted by the learned Counsel for the parties that the writ pet ition can be disposed of at this motion stage even without affecting the rights of the respondents 4 and 5. Accordingly, this writ petition is taken up for fina l disposal. Upon going through the records, this Court is of considered opinion tha t mere continuation for a long time as an honorary Teacher in a particular scho ol does not entitle a person to be regularized unless he/she was appointed fol lowing the prescribed Rules for the post. More so, the petitioner has been engag ed as an honorary teacher by the Managing Committee of a provincialised school w ithout taking approval of the appropriate authority. It is also pleaded that th e petitioner along with school authority has approached the departmental author ity for sanction of the 3rd post of Assistant Teacher for the school wherein th e petitioner is working, for regularizing her service, meaning thereby, it can be easily said that prior to her appointment, there was no approval from the authority concerned. Mr. Pathak contended that for services rendered by the petitioner as an honorary teacher for long period in the said school do not entitle to her to reg ularize her service. In support of his aforesaid contention, he referred to the judgment of this Court in the case of Jahangir Alam & ors Vs. State of Assam & ors, 2003(3)GLT 544. It appears from the record that the petitioner has filed a representation to the Deputy Inspector of School, Kamrup, the respondent No.3 herein, on 9.11.2010 an d it would be proper for this Court not to oust the petitioner from the arena of the justice only on the technical ground, According to this Court, it would mee t justice, if the petitioner is directed to make a fresh representation to the R espondent No.3. Accordingly, the petitioner is directed to submit a fresh representation to the respondent No.3 stating all her grievances, and upon receipt of the representati on of the petitioner, the respondent No.3 shall dispose of the same by a reasone d order. It is made clear that at the time of disposal of the representation of the petit ioner, the respondent No.3 shall take note of the decision of this Court as stat ed supra. If the case of the petitioner is not covered by the aforesaid decision of this Court, the respondent authority may consider if the service of the peti tioner can be regularized as a fresh candidate in accordance with law. With the above order, the writ petition is disposed of. No order as to costs.