WP(C) 5707/2010 BEFORE THE HON’BLE MR.JUSTICE B.P.KATAKEY Heard Mr MH Ranborbhuiiya, learned counsel for the petitioners as well as Dr B A hmed, learned counsel for the respondents. As agreed to by learned counsel for the parties, the matter is taken up for hearing and disposal at the admission stage itself. The petitioners, who are 2 in numbers, claim to be selected for appointm ent as Sectional Assistants in the meeting of the selection committee held on 17 th June 2007 and placed at serial Nos.8 & 9 of the select list, have filed the p resent petition for a direction to the respondent authorities to appoint them to such posts, contending interalia that although at the relevant point of time th ere were 8(eight) posts vacant, the authority appointed only 7(seven) candidates , keeping 1(one) post aside. It is also the contention of the petitioners that o n 30th September 2009, one such post fell vacant due to retirement of incumbent holding the post. The petitioners, therefore, claim that necessary directions be issued to the respondent authorities to appoint them to the aforesaid 2(two) va cant posts. Although no affidavit-in-opposition has been filed by the respondents, l earned counsel for the respondents submits that the consideration of the case of the petitioners for appointment can only be made against the posts available on or before the selection date, and not thereafter. Learned counsel submits that validity of the list prepared is for only one year. The petitioners claim appointment on the basis of select list prepared o n 17th June 2007. According to them, the list is still in force, as the same has been acted upon by the respondents recently. No affidavit-in-opposition has been filed and no record has been produce d. In absence of which, it is not possible for this Court to ascertain as to whe ther the validity of such select list has been extended by the authority by pass ing any order or not, and also as to the number of vacancy for which the process was initiated. The petitioners, however, cannot claim that the posts fell vacan t after the preparation of the select list should also be directed to be filled up from amongst the candidates vide select list dated 17th June 2007. That being the position, the present writ petition is disposed of with t he following directions to Secretary to the Government of Assam in Irrigation De partment: i) to ascertain as to whether the aforesaid select list is still in force, that is to say, whether the validity of such list has been extended by passing a ny order, and if so, (ii) the number of posts for which the previous selection p rocess was initiated and following which the select list dated 17th June 2007 wa s prepared; and (iii) whether the posts so available at the relevant time have been filled up or not. (iv) In the event it is found that validity of the select list has been extended and was in force on the day when the petitioners approac hed this Court, by means of the present writ petition, that is, on 6th October 2 010, subject to availability of posts from out of the posts for which the select ion process was initiated, the Secretary to Government of Assam in Irrigation De partment as well as the Chief Engineering of the department shall consider the c ase of the petitioners for appointment, pursuant to the aforesaid selection proc ess and keeping in view their position in such select list. The entire exercise is directed to be completed within a period of 2(two) months from today. The writ petition is disposed of. No costs.