WP(C) 6993/2005 BEFORE HON’BLE MR.JUSTICE PK MUSAHARY The petitioner contended in this writ petition that he was appointed by the Head master of Bokakhat Town High School as Assistant Teacher in the ME Section vide order No.BTHS/AG/ME/1/96/65-66 dated 22.1.1996 on the basis of the Resolution pa ssed by the Managing Committee of the School. He accepted the said appointment a nd joined on 23.1.1996 and since then he has been serving in the said school reg ularly and sincerely. 2. The Govt. of Assam, vide communication issued under Memo No.B(3) S.352/95/142-A dated 24.5.1999 (Annexure-III to the writ petition), converted th e Bokakhat Town High School, Golaghat from three classes i.e. Class VIII to X to six classes i.e. from Class V to X with immediate effect. The Managing Committe e of the said school made necessary correspondences with the authorities concern ed for provincialisation/regularization of the services of the petitioner and th e Inspector of Schools I/c, Golaghat District Circle, Golaghat by his letter dat ed 10.10.2000 forwarded the necessary particulars to the Director of Secondary E ducation, Assam, amongst others, including the case of the petitioner. But the p rovincialisation/regularization of the petitioner’s service could not be done du e to non-availability of fund and non-creation of the new posts. 3. The Joint Director of Secondary Education, Assam, vide his lette r dated 26.3.2001 (Annexure-V to the writ petition), sent a proposal for adjustm ent of the teaching and non-teaching staff of the converted Bokakhat Town High S chool by withdrawal of vacant posts from other schools, where posts are found mo re than required as per enrolment. In response to the said proposal, the Govt. d irected the Director of Secondary Education, Assam to furnish the position of un utilized posts for adjustment. But, the required particulars, as directed by the Govt., were never furnished. 4. Mr. Sarma, learned counsel for the petitioner submits that a pos t of teacher is lying vacant due to retirement of Monika Pujari Samad on 31.1.20 02 from the said school and no steps have been taken by the authorities concerne d to fill up the said post. The petitioner, according to Mr. Sarma, learned coun sel for the petitioner, may be accommodated against the said vacant post. 5. Mrs. Gogoi, learned Standing Counsel for Education Department su bmits that the Govt. had already issued advertisement for recruitment of 7500 po sts in the year 2005 for the entire State of Assam for LP and ME School and the interview for such recruitment has already been conducted, selection has also be en made and the process for appointment is on. If the petitioner appeared and ge ts selected in the said selection, his case would definitely be considered in ac cordance with law. Mrs. Gogoi, learned Standing Counsel further submits that the re is a separate provision for regularization of services of dropped teachers. S ince the petitioner is stated to be a dropped teacher, his case can be considere d by the High Power Committee headed by the Commissioner and Secretary to the Go vt. of Assam, Education Department, constituted by the Govt. as per direction of this Court provided his case is sent by the school authority. 6. Mrs. Gogoi, learned Standing Counsel has placed copies of the ju dgment and order dated 1.9.2003 and 1.3.2007 passed by this Court in CR No.1571/ 98 and WP(C) 3976/2005 respectively. In those cases, this court directed the Gov t. of Assam to constitute a High Power Committee for the purpose of consideratio n of the cases of dropped teachers for regularization. The Govt., according to M rs. Gogoi, learned Standing Counsel, has already constituted the High Power Comm ittee vide Notification dated 9.3.2005 authorizing the said High Power Committee to examine all the pending cases of dropped teachers that had already been refe rred to by the High Court and the cases that may be referred to by the High Cour t in future. 7. Mr. Sarma, learned counsel for the petitioner submits that his c ase, as a dropped teacher, has not yet been sent to the High Power Committee and this Court may direct the respondents to place the petitioner’s case before the High Power Committee for examination and consideration. 8. Having considered the submissions made by the learned for the pa rties and also the materials placed before this Court including the Notification dated 9.3.2005, I direct the Managing Committee of the school to send the petit ioner’s case to the High Power Committee through proper channel within a period of one month from the date of receipt of this order and on receipt of such propo sal from the Managing Committee, the High Power Committee shall examine, conside r and dispose of the case of the petitioner within three months thereafter. 9. With this observation and direction, this writ petition stands a llowed.