WP(C) 1338/2009 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY The petitioners have challenged the regularization of the appointment of the res pondents No.6 to 22 in the post of Pharmacist in various establishments under th e Bodoland Territorial Council (hereinafter for short referred to as the Council ). I have heard Mr. A.K. Hussain, learned counsel for the petitioners, Mr. D. Das, learned Standing Counsel for the B.T.C., and Mr. Nath, learned counsel for the p rivate respondents. In response to an advertisement dated 05.03.2008 (Annexure - 1 to the writ petit ion) issued by the Member Secretary, Central Selection Board, Bodoland Territori al Council, Kokrajhar, inviting candidature for appointment to the post of Pharm acist. The petitioners responded thereto and on the completion of the process o f selection, they claimed to be empanelled in the select list published in the I ssue dated 21.02.2009 of the local Daily Agradoot. As they awaited their appoin tment, the private respondents having been recruited in the post of Pharmacist, they have approached this Court apprehending that their appointments would not m aterialize though they stand selected in the process, more particularly, as the advertisement did not indicate the number of posts. The Respondents No.2 and 5 in their affidavit, have clarified that the private r espondents had been provisionally appointed as Pharmacists on the basis of their selection in the year, 2006 and that on receipt of the approval of the Finance (SIU) Department, Govt. of Assam meant for them they had been regularized. According to the answering respondents, the newly selected candidates including the petitioner would be appointed on the basis of merit as reflected in the sele ct list dated 21.02.2009 in a phased manner, as and when approval of the SIU (Fi nance) Department for the posts earmarked for them is received. Mr. Das, learned Standing Counsel for the respondents in course of their argumen ts has submitted that the posts against which the private respondents have been accommodated on regular basis are not within the purview of the selection proces s on the culmination of which the petitioners were selected and that the approva l of the Finance (SIU) Department has been sought for another 20 posts of Pharma cist and no sooner the same is received, the selectees from the aforementioned s elect list would be appointed in order of merit. Having regard to the pleadings of the parties and the submissions made on behalf of the Council as noted hereinabove, this Court considers it fit and proper to close this petition with a direction to the respondent authorities, more particu larly, the Council to pursue the issue of approval of the 20 posts of Pharmacist s by the Finance (SIU) department, Govt. of Assam and to appoint the petitioners and other similarly situated candidates against the posts so approved, strictly in order of merit as is reflected in the select list dated 21.02.2009. In the above view of the matter, the challenge to the regularization of the appo intment of the private respondents is negated. The petition stands disposed in the above terms. No costs.