WP(C) 640/2011 BEFORE THE HON’BLE MR. JUSTICE I. A. ANSARI Heard Dr. B. Ahmed, learned counsel for the petitioners, and Mr. H. Buragohain, learned Central Govt. Counsel, appearing on behalf of respondent No.1. Also hear d Mrs. M. Gogoi, learned Standing Counsel, Education Department, appearing on be half of respondent Nos.2 and 3 and Mr. S. Sarma, learned counsel appearing on be half of respondent Nos.4 to 7. By making this application under Article 226 of the Constitution of India, the p etitioners have put to challenge the advertisement, dated 20.01.2011, whereby th e respondent No.1 has invited applications for appointment as teachers, who are to function on their appointments being made under the scheme of Asom Sarba Siks ha Abhijan on contractual basis, initially, upto 31st March, 2011. The petitione rs contend that the posts, which are going to be filled up by contractual appoin tments, as contemplated in the impugned advertisement, are actually regular sanc tioned posts of school teachers in primary schools and that this course of acti on is wholly illegal and these posts are to be filled up only on regular appoint ment in terms of the Assam Elementary Education (Provincialisation) Rules, 1974, which has been framed pursuant to the provisions of Article 309 of the Constitu tion of India. Against the submissions so made on behalf of the petitioners, the respondents co ntend that the appointments are wholly contractual in nature and not made agains t any regular sanctioned posts of either the State Government or of Central Gove rnment and that the existence of the posts is co-extensive with the relevant sch eme, namely, Asom Sarba Siksha Abhijan and that there is no guarantee that afte r the scheme ceases to operate, the contractual appointees would be allowed to w ork. Considering the fact that the respondents claim that pursuant to the impugned ad vertisement, no appointment can be made, on contractual basis, against regular s anctioned post in primary schools, this writ petition is disposed of with libert y granted to the petitioners to approach this Court with appropriate application (s), in future, if a situation arises, where any appointment, pursuant to the im pugned advertisement, happens to be made by the respondents to a regular sanctio ned post covered by the Assam Elementary Education (Provincialisation) Rules, 19 74. No cost.