WP(C) 4809/2008 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. A.M. Mazumdar, learned Senior counsel, appearing on behalf of the petitioners, and Ms. H.M. Phukan, learned Government Advocate, appearing on behalf of the State respondents. The grievance of the petitioners, who claim to be qualified and eligible for appointment to the post of Very High Frequency (in short, VHF) Operator und er the Assam Police Radio Organization, is that they have been working as VHF Op erator since the year 1988. Despite repeated representations made by the petiti oners seeking regularization of their services and also despite the fact that so me orders have been passed in the past, in various writ petitions, where the sim ilarly situated persons were directed to be regularized, the respondents, accord ing to the petitioners, have not extended similar benefits to the petitioners. The petitioner, therefore, seek issuance of appropriate Writ(s) commanding the r espondents to regularize the services of the writ petitioners. In effect, what the petitioners contend is that they have been working f or about twenty years without any appointment as VHF Operators and, hence, they are entitled to the benefit of regularization of their services, particularly, w hen other similarly situated persons have been given such benefits. While considering the grievance of the petitioners, it needs to be noted that in the light of the decision of the Constitution Bench, in State of Karnat aka vs. Uma Devi and others, reported in (2006) 4 SCC 1, no public appointment c an be made without allowing all the eligible persons to participate in the selec tion process, which may be resorted to by the State or its instrumentalities, fo r the purpose of making appointment. In this view of the mater, no direction fo r regularization of the services of the petitioners can be given by this Court. Though the petitioners submit that they have been discriminated against, the fa ct remains that the benefits, which the persons, similarly situated as the petit ioners are, have received in the past, were illegal and the same cannot be made a foundation for claiming similar relief. Viewed thus, it becomes clear that th e services of the petitioners cannot be directed to be regularized. It is, however, pointed out, on behalf of the petitioners, that many of the peti tioners have become over-aged and they may not be allowed to participate in the selection process, which may, in future, be initiated by the respondents to fil l up the post(s) of VHF Operators. This aspect of the matter needs to be consid ered by the respondents. Hence, while this writ petition is not allowed, the re spondents are directed to consider the fact that some of the petitioners have be come over-aged, while working as VHF Operators. The respondents shall do the ne edful, in accordance with law, while dealing with the question of bar, which may be posed on the petitioners’ participation in the selection process on the grou nd of their having over aged. With the following observations and directions, this writ petition shall stand d isposed of. Furnish a copy of this order to the learned counsel, appearing on behalf of the respondents.