WP(C) 381/2011 BEFORE THE HON’BLE MR JUSTICE B. K. SHARMA Heard Mr. A.M. Borbhuiya, learned counsel for the petitioner as well as Ms. A. Verma, learned Standing Counsel, Health. By means of this writ petition, the petitioners have prayed for a direct ion to the respondents to appoint them as Leprosy Inspector under the establishm ent of Directorate of Health Services. Be it stated here that although the petit ioners appeared in the written test pursuant to the Annexure-6 employment notice dated 23.10.2010 for the said post but failed to qualify in the written test. A fter having failed to qualify in the written test, they have now approached this court by filling the instant writ petition referring to their earlier engagemen t as Non-Medical Assistant under the particular project called MDT Project. They were appointed against the said scheme on contractual basis. Copy of one such a ppointment order dated 14.8.95 has been annexed to the writ petition as Annexure -1. When the scheme came to an end and their services had been dispensed with, t he petitioners approached this Court by filling WP(C) No. 6479/2000 and by order dated 5.4.2001, it was provided that the cases of the petitioners may be consid ered against the vacancy of the particular scheme mentioned in the order. Pursuant to the aforesaid order of this Court, the Director of Health Se rvices, Assam, passed the Annexure-4 order dated 4.6.2001, in which it was state d that there was no permanent post of Non-Medical Assistant vacant under Nationa l Leprosy Elimination project to accommodate the petitioners. As regards the vac ancies of another scheme, it was stated that the posts were to be filled up as p er the existing rules and regulations. It was observed that it would be open for the petitioner to apply for any post as and when the process of selection would be initiated as per rules. The aforesaid order dated 4.6.2001 is not under challenge and the petiti oners were satisfied with the same. However, they continued to make representati on for their engagement and certain department correspondences had also been mad e. Eventually, the aforesaid employment notice dated 23.10.2010 was issued and t he petitioners responded to the same by offering their candidatures. They having failed to qualify in the same, have filed the instant writ petition claiming au tomatic employment. In the aforesaid order dated 4.6.2001, it was clearly specif ied that it would be open for the petitioner to respond to the future employment notice. Merely because the petitioners had rendered services under a particular scheme, they cannot claim automatic absorption and / or appointment de hors the recruitment rules. As far as the question of giving some weightage for the earl ier service, such weightage can be given only if one clears the written test. Th e petitioners have not attributed any malafide exercise of powers and / or viola tion of any statutory rules. It is also not the case of the petitioners that the y had been appointed under the earlier scheme pursuant to any regular selection. For all the aforesaid reasons, I do not find any merit in the writ petit ion and accordingly it is dismissed. At this stage, Ms. A. Verma, learned Standing Counsel, Health, submits t hat under similar fact situation WP(C) No. 158/2011 (Kamdev Sarma and others Vs. the State of Assam & Ors) has also been dismissed by this Court on 15.1.2011. Writ petition stands dismissed.