JUDGMENT : A.K. Goswami, J. Heard Mr. M.U. Mondal, learned counsel for the appellant. Also heard Ms. P. Chakroborty, learned standing counsel, Education (Secondary) Department, appearing for the respondent Nos.1 to 3, Mr. A. Bhattacharjee, learned counsel, appearing for the respondent No.6 and Mr. D. Das, learned senior counsel, assisted by Mr. R. Sarma, learned counsel, appearing for the respondent No.10. None appears for the other respondents. 2. This writ appeal is preferred against the judgment & order dated 24.11.2016, passed in WP(C) No. 5345/2014, whereby the writ petition filed by the petitioner was dismissed. 3. At the very outset, it will be relevant to take note of the prayers made by the petitioner in the writ petition, which are as follows : "In the premises aforesaid it is most respectfully prayed that your Lordship would be pleased to admit the petition, call for the records and issue a notice upon the respondents to show cause as to why a writ of Certiorari should not be issued by setting aside and quashing the impugned notification dated 04.04.2013, final merit list dated 06.04.2013, select list dated 06.04.2013 in respect of Subject Teachers in Economics subject, impugned Order dated 27.05.2014 and impugned Format-II (2013-14) and/or why a writ of Mandamus should not be issued directing the respondents to publish the fresh select list centrally as per the Judgment and Order dated 11.12.2008 passed in WA No. 358/2007, Assam Secondary Education (Provincialisation) Act, 1977, and Assam Secondary Education (Provincialisation) Service Rules, 1982, and also direct the respondent authorities to appoint the petitioner as subject teacher in the department of Economics at Assam Railway HS and MP School in order of merit list by publishing the fresh select list as per Rule 1982 and/or cause or causes being shown upon hearing the parties on perusal of the records be pleased to make the rule absolute by providing complete and adequate relief to the petitioner and/or pass such order or orders as your Lordship may deem fit and proper." 4. It will also be appropriate to take note of the fact that (i) the State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Education (Secondary) Department, (ii) the Director of Secondary Education, Assam (iii) the Inspector of Schools, Kamrup District Circle and (iv) the Principal, Assam Railway H.S. School, Panbazar, District - Karmup were the four respondents in the writ petition. 5. Pursuant to an advertisement dated 08.02.2003, the petitioner had applied for the post of Subject Teacher in the Department of Economics in (i) Debiram Pathsala H.S. School, Nalbari, (ii) Assam Railway H.S. School, Panbazar and (iii) Duhibala Madrassa H.S. School, Kamrup and had appeared for interview. 6. The advertisement dated 08.02.2003 was published for the post of Post Graduate Teachers lying vacant in the provincialised Higher Secondary Schools of Assam without specifying the number of vacancies to be filled up. At the time of publication of the advertisement dated 08.02.2003, the Assam Secondary Education (Provincialisation) Service Rules, 1982 (for short, "1982 Rules") was in force for recruitment of Post Graduate Teachers in provincialised H.S. Schools and selection for such post was to be conducted as per said 1982 Rules. The 1982 Rules was replaced by the Assam Secondary Education (Provincialisation) Rules, 2003 (for short, "2003 Rules"), which came into effect from 12.08.2003. 7. An unregistered Association of Assistant Teachers in the High and Higher Secondary Schools of Assam having Post Graduate Degree preferred WP(C) No. 7933/2003 and another teacher having Post Graduate Degree preferred WP(C) No. 8319/2003 claiming that under the 1982 Rules, the candidates are entitled for some weight-age. They apprehended that in view of repeal of the 1982 Rules, the authorities of the State would follow the procedure contemplated under the 2003 Rules, which do not provide for such weight-age. Accordingly, petitioners in those two writ petitions prayed for a direction to the respondents to conduct the recruitment process in accordance with the procedure contemplated under the 1982 Rules. By judgment & order dated 04.01.2005, the writ petitions were disposed of directing that the recruitment pursuant to the advertisement dated 08.02.2003 must be made strictly in accordance with the 1982 Rules. 8. Against the said judgment & order dated 04.01.2005 passed in WP(C) No.7933/2003 and WP(C) No.8319/2003, Writ Appeal No. 238/2005 was preferred. 9. By judgment & order dated 04.01.2005, the writ petitions were disposed of directing that the recruitment pursuant to the advertisement dated 08.02.2003 must be made strictly in accordance with the 1982 Rules. 8. Against the said judgment & order dated 04.01.2005 passed in WP(C) No.7933/2003 and WP(C) No.8319/2003, Writ Appeal No. 238/2005 was preferred. 9. In purported exercise of powers under 2003 Rules, the Commissioner & Secretary to the Government of Assam, directed the Director of Secondary Education, Assam to issue appointment letters in favour of 254 candidates, whose names were listed as an annexure to the said communication. However, none of them came to be appointed and this led to filing of 2(two) writ petitions registered as WP(C) No.908/2007 and WP(C) No.1975/2007 praying for direction to the State respondents to make appointment in terms of communication dated 27.02.2006. The writ petitions were dismissed by judgment & order dated 31.07.2007 holding that the State had taken decision not to appoint such candidates as there were anomalies in the select list. Against the said order dated 31.07.2007, aggrieved petitioners of WP(C) No.908/2017 preferred Writ Appeal No.358/2007 and the petitioner of WP(C) No.1975/2007 preferred Writ Appeal No.389/2007. 10. The aforesaid 3(three) writ appeals, i.e. Writ Appeal No.238/2005, Writ Appeal No.358/2007 and Writ Appeal No.389/2007 were disposed of by a common judgment & order dated 11.12.2008. It was observed that the State cannot be compelled to make appointments on the basis of the communication dated 27.02.2006, which was issued by the Commissioner & Secretary directing appointment of the selected candidates. However, State was directed to conduct recruitment process for the 254 posts for which the State authorities issued advertisement dated 08.02.2003 in respect of only those candidates, who had responded to the said advertisement within the stipulated time and also who had satisfied all other eligibility criteria in terms of the said advertisement. 11. The Writ Appellate Court further directed 101 teachers, who were considered while preparing the said list dated 27.02.2006 pursuant to the directions passed in WP(C) No.7933/2003 and WP(C) No.8139/2003, but who had not applied within the time stipulated in the advertisement though eligible to apply in terms of the advertisement dated 08.02.2003, should also be considered while conducting the recruitment for said 254 posts pursuant to the advertisement dated 08.02.2003. 12. 12. On the basis of directions issued in the common judgment & order dated 11.12.2008 passed in Writ Appeal No.238/2005, Writ Appeal No.358/2007 and Writ Appeal No.389/2007, a fresh advertisement was issued on 31.03.2010 and interview was held in the year 2010-11 centrally. 13. Under Rule 7(c) of 1982 Rules, recruitment was to be made Legislative Assembly Constituency wise. 14. On 04.04.2013, a Notification No. ASE.310/2009/224 was issued by the Commissioner & Secretary to the Government of Assam, Secondary Education Department under Rule 15 of the 1982 Rules for preparation of the School wise select list for filling up the vacancies instead of Legislative Assembly Constituency wise for the post of Subject Teachers pursuant to the advertisements dated 08.02.2003 and 25.09.2007 in relaxation of Rule 7(1)(b) of the 1982 Rules. 15. The Commissioner & Secretary to the Government of Assam, Secondary Education Department had issued another Notification No. ASE.310/2009/224 on 04.04.2013 under the provision of Rule 15 of the 1982 Rules providing that no marks of viva voce in respect of selection of Subject Teachers in provincialised H.S .Schools shall be given in response to the advertisement dated 08.02.2003. 16. Thereafter, on 06.04.2013, a select list was published containing names of 216 candidates for the posts of Post Graduate Teachers in provincialised H.S. Schools. 17. The select list was challenged in WP(C) No.1955/2013 that was filed by Sewali Kakoti and 27 others. Prayer was also made to direct the State respondents to publish a fresh select list strictly on merit in terms of judgment & order dated 11.12.2008 passed in Writ Appeal No.358/2007 and other connected writ appeals. WP(C) No.1955/2013, preferred by Sewali Kakoti and Others, was dismissed vide judgment & order dated 15.09.2016. A writ appeal being Writ Appeal No. 272/2017 was preferred against the judgment & order dated 15.09.2016 passed in WP(C) No.1955/2013. 18. In WP(C) No.3281/2013 (Inamul Hoque Vs. State of Assam and Others.), challenge was made to the select list dated 06.04.2013 as well as to the Notification dated 04.04.2013, deciding to prepare select list school wise instead of Legislative Assembly Constituency wise. The said writ petition was also dismissed vide judgment & order dated 27.10.2016. The judgment was not put under challenge in any forum. 19. There was another writ petition being WP(C) No.2014/2013, wherein the select list dated 06.04.2013 was challenged. The said writ petition was also dismissed vide judgment & order dated 27.10.2016. The judgment was not put under challenge in any forum. 19. There was another writ petition being WP(C) No.2014/2013, wherein the select list dated 06.04.2013 was challenged. The same was dismissed by judgment & order dated 18.11.2016 on the basis of the judgment & order dated 15.09.2016 passed in WP(C) No.1955/2013. A writ appeal being Writ Appeal No.236/2017 was preferred against the said judgment & order dated 18.11.2016 passed in WP(C) No.2014/2013. 20. Both the appeals, i.e. Writ Appeal No.236/2017 and Writ Appeal No.272/2017 were dismissed by judgment & order dated 01.02.2018 observing that no challenge having been made to the Notifications dated 04.04.2013, the appeals are without any merit. However, in respect of Writ Appeal No.236/2017, taking note of another grievance raised that the B. Ed. Degree was not taken into consideration in the selection process and necessary mark in that regard was not given, the individual grievance was permitted to be considered by the Director of Secondary Education, Assam. 21. The petitioner claims that though she had secured 353.07 marks in Assam Railway H.S. School, her marks were shown as 303.07. It is stated that the petitioner was illegally not awarded 50 marks on the head of experience. The petitioner has stated that in Assam Railway H.S. School, one Ruby Bharaty was selected but she had not joined. Petitioner had given some instances to project that some candidates who secured lesser marks than her were appointed in other schools. 22. Final merit list in respect of the Assam Railway H.S. School, Kamrup, Guwahati goes to show that Ruby Bharaty had secured the first position by obtaining 376.96 marks. Petitioner's rank was 21 in the said select list. Even if it is assumed that the petitioner is entitled to 50 marks on the head of experience, then also the petitioner would have obtained only 353.07 marks and in that event, her position will be at serial No.4. Ruby Bharaty, though selected in the first position, did not accept appointment and resultantly, another advertisement was issued on 24.10.2015 inviting application for the post of Post Graduate Teacher in Economics, indicating that the post is reserved for Other Backward Class (OBC). By the said advertisement, applications were also invited in respect of some other posts. 23. Pursuant to the advertisement dated 24.10.2015, a selection process was conducted. By the said advertisement, applications were also invited in respect of some other posts. 23. Pursuant to the advertisement dated 24.10.2015, a selection process was conducted. However, the select list is yet to be published. Consequently, the post of Post Graduate Teacher in Economics Assam Railway H.S. School is yet to be filled up. 24. As noticed earlier, no selected candidate was arrayed as party respondent in the writ petition. It is not in dispute that appointment letters were issued on 09.04.2013, prior to the filing of the writ petition. However, Saleh Ahmed Barbhuyan, Lovely Dev Choudhury, Ranjit Talukdar, Gitika Sarma and Nisar Ahmed, who were selected in respect of some of the Schools, were impleaded in the writ appeal as respondent Nos.5, 6, 7, 8 and 9, respectively. But these respondents were respondent Nos.90, 92, 95, 96 and 98, respectively, in WP(C) No. 1955/2013 (Sewali Kakoti and Others.) and with the dismissal of the Writ Appeal No.236/2017 and Writ Appeal No.272/2017 on 01.02.2018, their selection stood affirmed. 25. Subsequently, Niti Mazumdar who had taken part in the selection process in Assam Railway H.S. School pursuant to the advertisement dated 24.10.2015 was impleaded as respondent No.10 by order dated 14.06.2017 passed in I.A. No.1480/2017. 26. The appellant in her writ petition also challenged a communication dated 27.05.2014 issued by the Director of Secondary Education, Assam directing the Inspectors of Schools to start the process of selection of Post Graduate Teachers in different provincialised H.S. Schools through Teachers Eligibility Test (TET) qualified candidates. Challenge to the same is made on the ground that unless the communication is interfered with, the petitioner would be deprived of getting legitimate appointment. It is also stated that the same was issued in violation of the interim order dated 10.04.2013 passed in WP(C) No.1955/2013 (Sewali Kakoti and Others.). 27. Mr. Mondal also submitted that the judgment dated 01.02.2018 passed in Writ Appeal No.236/2017 and Writ Appeal No.272/2017 will not have any bearing as no challenge was made to the Notifications dated 04.04.2013 in the writ petitions, judgments rendered in which, were the subject matter of such appeals. 28. To that extent, Mr. Mondal may be right. 27. Mr. Mondal also submitted that the judgment dated 01.02.2018 passed in Writ Appeal No.236/2017 and Writ Appeal No.272/2017 will not have any bearing as no challenge was made to the Notifications dated 04.04.2013 in the writ petitions, judgments rendered in which, were the subject matter of such appeals. 28. To that extent, Mr. Mondal may be right. However, in her writ petition, though it was known to the appellant by the time the writ petition was filed that appointment orders had been issued, none of the selected and appointed candidates were made parties, not even by way of representative capacity. Therefore, at this instance of time, we are of the considered opinion that it will be wholly inequitable to go into the merit of the Notifications dated 04.04.2013 as well as the final merit list dated 06.04.2013 as grave prejudice may be caused to such selected and appointed candidates. Moreover, no case is also made out by the appellant for her appointment in Assam Railway H.S. School, Kamrup, Guwahati, as prayed for, as even if she is awarded 50 marks on account of experience, her merit position would have been at serial No.4. 29. We are also unable to agree with the submission of Mr. Mondal that communication dated 27.05.2014 was issued in violation of the interim order dated 10.04.2013 passed in WP(C) No.1955/2013. By the said interim order, State was only restrained from giving appointments to persons whose names were not included in the select list dated 06.04.2013 to the notified 254 vacancies. There was no order restraining the respondents from publishing any advertisement for filling up of posts for future vacancies. 30. In view of the above discussion, we find no merit in the writ appeal and the same is, accordingly, dismissed. 31. Interim order, if any, passed earlier, stands vacated.