WP(C) 3417/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. H. R. A. Choudhury, learned Senior counsel, appearing on behalf of the writ petitioners, and Mr. R. Bora, learned Government Advocate, appearing on be half of the respondents. Aggrieved by the order, dated 28.03.2011 (Annexure-14 to the writ petiti on], issued by the Commissioner & Secretary to the Government of Assam, Home & P olitical Department, proposing to fix higher educational qualifications as the m inimum qualification for appointment to the post of VHF operator and holding tha t the present petitioners, who had been working as VHF operators in the Home Dep artment, did not have any claim to continue in their respective posts and that t he said posts would be filled up through open advertisement, the petitioners hav e filed this writ petition, under Article 226 of the Constitution of India, seek ing appropriate directions to the respondents for allowing the petitioners to co ntinue in their respective posts and restraining the respondents from filling up the said posts through open advertisement. While considering the present writ petition, it needs to be noted that t he petitioners are not members of the service, in question, inasmuch as they wer e not appointed against any regular sanctioned posts. In such circumstances, no mandamus can be issued directing the State respondents to do away with the pres cribed educational qualifications. It is, however, for the respondents to decid e as to what qualifications they would prescribe for a given post. As the petit ioners have been rendering their services since a long time, this writ petition is disposed of with liberty given to the petitioners to make appropriate represe ntation to the respondents mentioning therein the grievances of the petitioners and the relief, which they seek. If such a representation is made, the responde nts shall consider and dispose of the same in accordance with law, within a peri od of one month from the date of receipt of the representation(s). While making the representation(s), the petitioners may enclose therewith a certified copy o f this order along with a copy of the writ petition and Annexure thereto. If th e petitioners feel aggrieved by the decision, which may be arrived at by the res pondents, and/or by the order(s), which may be passed by the respondents/authori ty concerned, the petitioners shall remain at liberty to take recourse to such p rovisions of law as may be permissible.