WP(C) 5153/2010 BEFORE THE HON’BLE MR.JUSTICE I.A. ANSARI THE HON’BLE MR JUSTICE P.K. MUSAHARY Heard Mr. R.P. Sharma, learned Senior counsel, for the petitioners, and Mr. D. S aikia, learned Additional Advocate General, Assam, assisted by Mr. P. Nair, lear ned counsel. Heard also Mr. J.U. Laskar, learned counsel, for the respondent Nos .2 and 3, Ms. D. Sinha, learned counsel, for the respondent No.5, Mr. R.K. Taluk dar, learned counsel, for the respondent No.6, and Mr. S.S. Dey, learned Standin g Counsel, Gauhati High Court, Guwahati. Having perused the pleadings of the parties, the materials on record and also the previous orders passed by this Court, this Court finds that that as fa r as Fast Track Courts are concerned, these Courts were established under a spec ific scheme, initially, for a period of five years and, subsequently, these Cour ts were made to continue. While the Fast Track Courts had been so functioning, the Government of Assam, fo llowing certain directions, which were given, in Brij Mohan Lal (supra), has mad e, by notification, dated 29.09.2012, published, on 10.12.2012, in Assam Gazette , 20 existing Fast Track Courts of Assam permanent regular Courts of Additional District and Sessions Judge. While making these Courts permanent, some other pos ts, such as, one Stenographer, one UDA (Bench Assistant), one Driver and one pos t of office peon, in the usual scale of pay, in the establishment of each of the said 20 Fast Track Courts, have been created and these posts are hereinafter re ferred to as the said sanctioned posts . As far as the present petitioners are concerned, they were not appointed against any regular sanctioned posts and their appointments were, admittedly, made in t erms of the requirements of the Scheme, whereunder the Fast Tack Courts had been established and functioning preceding publication of the notification aforement ioned. With the abolition of the said Scheme, the petitioners do not have any right, ve sted or otherwise, in law or equity, to claim appointment(s) as against the said sanctioned posts. For making, therefore, the said 20 permanent Courts functional, the petitioners cannot be directed to be absorbed, as regular employees of the State Government, against the said sanctioned posts nor can the petitioner be directed to be appo inted, on regular basis, against the said sanctioned posts in violation of the r elevant recruitment rules holding the field. While, thus, no mandamus can be issued directing the State Government or any aut hority to either absorb the petitioners against the said sanctioned posts or app oint them afresh against the said sanctioned posts, which have been, as indicate d above, sanctioned for making the said 20 Courts functional, it is hereby made clear that the petitioners may, subject to the provisions of the relevant recrui tment rules, remain free to apply for appointment(s) to the post(s), which have been sanctioned by the State Government, and if they or any of them make(s) any application pursuant to the selection process, which may be resorted to, for fil ling up the said sanctioned posts, the case(s) of the petitioner(s) shall be con sidered as the case of any other candidate provided that they are found, otherwi se, eligible to participate in the selection process. Until the time the process of selection and regular appointments is completed as against the said sanction ed posts, the petitioners shall, however, be allowed to function on the same ter ms and conditions on the basis of which they have been functioning so far so tha t the Fast Track Courts, upon being made permanent, can remain functional. We make it clear that with the regular appointments, as against the said sanctio ned posts, in consequence of the Fast Track Courts being made permanent, the dir ections given hereby to continue the present petitioners shall automatically sta nd rescinded. The authorities concerned shall take necessary steps and complete the process of making selection and appointments to the said sanctioned posts within a period of six months from today. Furnish a copy of this order to Mr. P. Nair, learned counsel.