MC 603/2011 BEFORE THE HON’BLE MR JUSTICE HRISHIKESH ROY Heard Mr. H. Sarma, learned counsel for the applicants, who seek interim directi on for their appointment as teachers of LP Schools in Morigaon District in pursu ant to the select list dated 7th March, 2008. The learned counsel submits that t he said select list was published in pursuant to the direction given by the Divi sion Bench on 20.11.2007 in Writ Appeal No. 279/2007 and since no Court order is standing in the way of making appointments, the applicants should not be denied the benefit of appointment in pursuant to their selection. However, Mr. KP Sarma, learned senior counsel, Mr. S. Huda, Mr. PD Nair and Mr. AJ Atia, learned counsels oppose the appointment as they have challenged the sel ect list dated 7.3.2008. They submit that only a truncated list of 35 persons ha s been prepared whereas 334 vacancies were advertised in Morigaon District. It i s also submitted by the learned counsels that no select list has been prepared f or MV/ME/ME Madrassa vacancies and the limited select list only for the LP Schoo l teachers, should not be made operational. The counsels point out that despite repeated orders passed by the Court the selection records have not been produced . They question the validity of the list dated 7.3.2008 by contending that the I nspector of Schools was not the selecting authority for appointment of LP Schoo l Teachers. Mr. MR Pathak, learned standing counsel, Education Department submits that the s elect list of 35 teachers for appointment in LP Schools was prepared on the basi s of the marks secured by the candidates during the process of selection of LP S chool teachers in pursuant to the advertisement dated 27.12.1996 and since the m arks secured by the candidates who applied for other posts of teachers were not available, the truncated select list of 35 teachers has been prepared considerin g the available vacancies of LP School Teachers as on the date of advertisement i.e. 27.12.1991 in the five constituencies of Morigaon District. Having considered the submissions made by the learned counsels and also bearing in mind the controversies pertaining to the selection and the incomplete selec tion records, because of which a limited select list was prepared on the basis o f individual marks and a proper select list was never prepared by the Sub-Divis ional Level Advisory Board of Morigaon District and considering also the interim order initially passed by the Court on 25.6.2008 in WP(C) No. 1803/2008 restrai ning appointment from the select list dated 7.3.08, I am of the view that appoin tment should not be permitted to be made on the basis of the select list dated 7 .3.2008, while the challenge to the select list is under consideration of the Co urt in different writ petitions. Accordingly, this Misc. Case is rejected.