WP(C) 2295/2010 BEFORE HON’BLE MR. JUSTICE I. A. ANSARI Heard Mr. S. Borthankur, learned counsel appearing on behalf of the petitioner, and Mr. J. Abedin, learned Standing Counsel, Education Department, Government of Assam, appearing on behalf of the respondent Nos. 2 & 4. Also heard Mr. I. Baru ah, learned counsel appearing on behalf of the respondent Nos. 1, 3 & 5. The petitioner’s grievances is, in brief, thus : The petitioner is a phy sically handicapped person and pursuant to a decision taken by the State Governm ent to fill up 672 bag log vacancies of Grade-III and Grade -IV staffs, under th e Education Department, by physically handicapped persons, a selection was held , wherein the petitioner too participated and though the petitioner’s name appea red in the select list at Sl. No. 17, the State respondents, particularly, respo ndent Nos. 2 and 4, namely the Principal Secretary to the Govt. of Assam, Educat ion Department, Sachivalaya Dispur, and the Director of Elementary Education, As sam, respectively, have not appointed the petitioner as Assistant Teacher in M.E . School. On the basis of the instructions received from the respondent Nos. 2 and 4, Mr. Abedin, learned counsel, submits that altogether there were 15 posts of Assistant Teachers in M.E. School and the State respondents, accordingly, appoin ted the candidates, whose names appeared in the select list aforementioned betwe en Sl. No. 1 and Sl. No. 15. It is, however, submitted by Mr. Abedin that the pe rsons, named at Sl. No. 8, did not turn up to join his service on the appointmen t given to him and in such circumstances, the next selection would be of the can didate, whose name appears at Sl. No. 16, but in the meantime the validity of th e select list has already expired. Upon considering the submission so made on behalf of the State responden ts with regard to the validity of the select list, suffice it to mention here th at the process of appointment, resorted to by the State respondents, was put to challenge by the petitioner before the expiry of the select list and, hence, in such circumstances, there is no alternative but to appoint the petitioner from t he select list if the petitioner is, otherwise, found entitled thereto. Situated thus, it has been submitted by Mr. Borthakur, learned counsel a ppearing on behalf of the petitioner, that the petitioner would be satisfied, if a direction is given to the State respondents to appoint the petitioner, whose name appears at Sl. No. 17 of the select list if as a result of non acceptance o f his appointment by the respondent No. 8, the offer of appointment is given to the person named at Sl. No. 16 and if the person, named at Sl. No. 16, does not accept the appointment, then, the petitioner shall be appointed in place of the person, whose name appears at Sl No. 16 of the select list inasmuch as the petit ioner’s name appears at Sl. No. 17. To the submission so made, no objection has been raised on behalf of the State respondents. Considering, therefore, the matter in its entirety and in the interest of justice, this writ petition is disposed of with direction to the State respon dents, particularly, respondent Nos. 2 and 4, namely, the Principal Secretary to the Govt. of Assam, Education Department, and the Director of Elementary Educat ion, Assam, respectively, to make the offer of appointment to the person whose n ame appears at Sl. No. 16, and if the person, named at Sl. No. 16 of the select list, does not accept the appointment, the State respondents shall offer the ap pointment to the petitioner inasmuch as the petitioner’s name, as already indica ted hereinbefore, appears at Sl. No. 17 of the said select list and it would be, then, for the petitioner to decide whether to accept or not the appointment, wh ich shall be offered to him. Within a period of 3 (three) weeks from the date of receipt of a copy o f this order by the respondent No. 2, namely, Principal Secretary to the Govt. o f Assam, Education Department, respondent No. 2 shall make the offer of appointm ent to the person, named at Sl. No. 16 in the select list, giving him 4 (four) w eeks’ time from the date of receipt of the offer, which may be made by the respo ndent No. 2, namely, the Principal Secretary to the Govt. of Assam, Education De partment, and if the offer of appointment is not accepted by the person aforemen tioned, the State respondents, particularly, respondent Nos. 2 and 4, namely, t he Principal Secretary to the Govt. of Assam, Education Department, and the Dire ctor of Elementary Education, Assam, respectively, shall give the offer of appoi ntment to the petitioner within a period of 2 (two) weeks from the date of expir y of the period, which may be fixed, in terms of the above directions, in respec t of the offer of appointment, which may be made to the person named at Sl. No. 16 of the select list. With the above observations and directions, this writ petition shall s tand disposed of. No order as to costs. Furnish a copy of this order to the learned Standing Counsel, Education Department.