WP(C) 4942/2010 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. M. U. Mondal, learned counsel for the writ petitioners, and Mr. N. Raj khowa, learned Standing counsel, Education Department, Government of Assam, appe aring on behalf of respondent Nos. 1, 3 and 4. Heard also Ms. A. Verma, learned Standing counsel, Finance Department, appearing on behalf of respondent No. 2. The case of the petitioners is that the petitioner No. 1, namely, Sri Dh iraj Kumar Das, appeared in the selection process, meant for appointment of Assi stant Teachers in Middle schools in the district of Dhubri. When the merit list , in respect of the selection process, was published on 04.01.1995, the petition er occupied 4th position in the merit list. Ignoring, however, the petitioner’s position in the merit list, as many as 8 (eight) persons were appointed as Assi stant Teachers, many of whom were placed far below the petitioner No. 1 in the m erit list. On coming to know that he had been denied appointment, while persons , below him in the merit list, had been appointed, the petitioner filed a writ p etition, under Article 226 of the Constitution of India, seeking issuance of app ropriate direction(s). The writ petition gave rise to WP(C) 2707/1996. By orde r, dated 10.06.1996, the Court disposed of the said writ petition with direction to the respondents to appoint the present petitioner No. 1 to a post of Assista nt Teacher, in any Middle School, within the district of Dhubri. However, the p etitioner No. 1 has not been appointed till date. Coming to the case of the petitioner No. 2, namely, Marfod Ali Sk., it m ay be noted that this petitioner had also participated in the same selection pro cess, as the petitioner No. 1 had done, and, in the merit list, the petitioner N o. 2 occupied 12th position. When some persons came to be appointed on the basi s of the select list, which had been prepared following the said selection proce ss, the petitioner came to this Court by filing a writ petition, under Article 2 26 of the Constitution of India, seeking issuance of appropriate writ commanding the respondents to appoint the petitioner No. 2 too. This writ petition gave r ise to WP(C) No. 4864/1999, which was disposed of on 08.06.2001, with direction to the respondents to examine the petitioner’s case and to appoint the petitione r (who is the present petitioner No. 2) if the select list, in question, had bee n acted upon by the State. The petitioner (who is the present petitioner No. 2) , however, has not been appointed. What is, now, important to note is that, the fact that the select list h ad been acted upon after publication of the select list, and subsequent to the y ear 1995 too, has not been disputed by the respondents. In such circumstances, the respondents/authorities concerned ought to have appointed petitioner No. 2, namely, Marfod Ali Sk, by virtue of the order, dated 08.06.2001. As far as the case of petitioner No. 1, namely, Sri Dhiraj Kumar Das, is concerned, there was already a direction of this Court to the respondents to appoint the petitioner N o. 1 as an Assistant Teacher. Learned Standing counsel, Department of Education, now, contends that fo r the purpose of fresh appointment, concurrence of the Finance Department is nec essary and the same has not been received yet and, for this reason, the present petitioners could not be appointed. Considering the matter in its entirety and in the interest of justice, t his writ petition is disposed of with the direction that the respondent Nos. 1 a nd 2, namely, Commissioner and Secretary to the Government of Assam, Education ( Elementary) Department, and the Commissioner and Secretary to the Government of Assam, Finance Department, respectively, shall do the needful so that the presen t petitioners are appointed as Assistant Teachers of Middle schools. The whole exercise, so directed, shall be completed within a period of two months from tod ay. Furnish a copy of this order to the learned Standing counsel, Education Department, and the learned Standing counsel, Finance Department.