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Gauhati High Court · body

2019 DIGILAW 328 (GAU)

Bhabatosh Kr. Roy v. State of Assam

2019-03-08

N.KOTISWAR SINGH

body2019
JUDGMENT AND ORDER : 1. Heard Mr. M.K. Choudhury learned senior counsel along with Mr. S.K. Goswami, learned counsel for the petitioners. Also heard Mr. D. Saikia, senior Addl. Advocate General, Assam; Mr. B. Gogoi, SC, Health Department; Mr. Tir Ao, Add. senior Govt. advocate, Nagaland for respondent No. 3; Mr. A.K. Sarma, Add. Advocate General, Mizoram, for respondent No. 4; Mr. B.D. Goswami, Add. Advocate General, Arunachal Pradesh assisted by Mr. Arun Chandran, Jr. Govt. Advocate, Arunachal Pradesh for respondent No. 5 and Mr. B. Deka, standing counsel, NEC. 2. These 2 petitions are taken up and heard together, considering the importance of the common issues running through these 2 petitions. 3. WP(C) No. 6640/2018 has been filed by one Dr. Bhabotosh Kumar Roy, being aggrieved by his transfer from Regional Dental College, Guwahati to Government Dental College, Dibrugarh as the Principal In-Charge, vide notification dated 4.9.2018, on the ground that he, being an employee of the Regional Dental College, which is an institution, established by the North Eastern Council (NEC) and, hence, not being a State Government institute, cannot be transferred to a State Government institute without his consent [State/State Government herein refers to the State of Assam], WP(C) No. 7231/2018 has been filed by the Regional Dental College Teachers' Association and Others in a representative capacity espousing a collective cause of the teachers of the Regional Dental College, seeking necessary directions from this court to prevent alteration of the service conditions of the faculty members of the Regional Dental College and to prevent amalgamation of the faculty members with that of the State run Dental Colleges, on the similar plea that the Regional Dental College being established by the NEC, has a regional character which would be compromised if the same is amalgamated with the State owned Dental Colleges. 4. 4. From the above, it is evident that though in WP(C) No. 6640/2018, the petitioner is espousing his individual cause and in the other writ petition, WP(C) No. 7231/2018, the Association is espousing a collective cause, the common theme which runs through these petitions is that the Regional Dental College is a different entity having a regional character established for the benefit of all the North Eastern States on the initiative of the NEC, in which all the North Eastern States have stakes, which cannot be equated with any other institution exclusively established and managed by the State Government and as such, does not stand at par with State Dental Colleges like Dibrugarh Dental College and Silchar Dental College which were set up and managed exclusively by the State Government. Thus, the employees of the Regional Dental College cannot be utilised in these State Dental Colleges or be treated at par with the employees of these State Dental Colleges. 5. Before this court proceeds to examine the detail submissions advanced by the contesting parties in support of their respective pleas, it may be necessary to advert to some of the basic facts involved in the case regarding some of which, there seems to be no dispute and there is near unanimity. 6. Considering the absence of teaching facilities in dental science in the North Eastern Region comprising the States of Assam, Meghalaya, Manipur, Tripura, Nagaland and the then Union Territories of Arunachal Pradesh and Mizoram which compelled the candidates of these States and Union Territories to seek admission in Dental Colleges elsewhere in the country, and also non-availability of adequate number of Dental Surgeons in the entire North Eastern Region, a proposal was mooted by the North Eastern Council for setting up a Dental Wing as part of the Gauhati Medical College to impart training and education of the dentists in the region and to meet the long felt need of the States and the Union Territories in the region. 7. 7. Thus, a Regional Dental College in the form of a Dental Wing, initially as a part of the Gauhati Medical College, was established on 1.1.1982 on the basis of a Memorandum of Understanding signed between the State of Assam and the North Eastern Council (NEC) and other North Eastern States on the recommendation of the Planning Commission and as approved by the Government of India for the benefit of the entire North Eastern States at an estimated cost of Rs. 65.16 lakhs. The said amount was sanctioned to meet the expenses for construction of the building of the Dental Wing, a hostel consisting of hundred seats and purchase of equipments, furniture, etc. It may be mentioned herein that before proposing to set up the Dental Wing in the Gauhati Medical College, there were considerations for setting up the same in the Regional Medical College at Imphal in Manipur and in Silchar. However, in view of the prevailing law and order problems and other infrastructural inadequacies in the aforesaid two places, the Gauhati Medical College which had better infrastructural facilities was ultimately chosen for establishment of the Dental Wing. Subsequently, in the year 1985 the Dental Wing of the Gauhati Medical College was upgraded to a Regional Dental College and renamed as Regional Medical College. It then no more remained part of the Gauhati Medical College. 8. Under the Scheme approved by the North Eastern Council (NEC), 30 seats were proposed to be provided, out of which Assam would get 15 and rest would be distributed among the other constituent units of the Council on the basis of population as in the case of Regional Medical College, Manipur. It was further proposed that the recurring expenditure would be borne by the constituent units in proportion to the number of seats utilised by each beneficiary State/Union Territory and the North Eastern Council would bear only the non-recurring expenditure amounting to Rs. 65.16 lakhs. 9. It was further proposed that the recurring expenditure would be borne by the constituent units in proportion to the number of seats utilised by each beneficiary State/Union Territory and the North Eastern Council would bear only the non-recurring expenditure amounting to Rs. 65.16 lakhs. 9. As per the scheme, the rules for management of the Dental Wing to be set up at the Gauhati Medical College were to be framed by the State Government, in which was vested the authority to administer the Institution and for constitution of an Advisory Committee for management of the Dental Wing with one representative from each of the States/Union Territories, a representative from the North Eastern Council Secretariat, a representative from the University of Guwahati to which this Institution was to be affiliated, were to be the members of the Committee. The said Advisory Committee was to formulate its own procedure for discharging its functions. 10. As regards the circumstances and background in which the Dental Wing was first established and subsequently upgraded as the Regional Dental Medical College, there does not seem to be any dispute amongst the contesting parties. However, difference has arisen amongst the contesting parties on the character of the Regional Dental College as to whether it continues to remain as a State Government institute as contended by the State Government, and not to be so, as contended by the petitioners in these two petitions and also about the status of the employees. 11. The contentions of the petitioners in both the petitions is that Regional Dental College is a unique institute, established as per the initiative of the NEC, not only for the State of Assam but for the benefit of all the States in the North Eastern Region and being funded initially by the NEC with pro-rota contribution from the other North Eastern States, Union Territories, and, hence, it cannot be said to be an entirely Assam Government institute and to that extent, it cannot be equated with any other institutes established and managed solely by the State of Assam like, the Dental Colleges at Dibrugarh and Silchar. According to the petitioners, Regional Medical College, thus, possesses a regional character established for the benefit not only of the State of Assam but also for other North Eastern States. It is not a State specific institution only for the State of Assam. According to the petitioners, Regional Medical College, thus, possesses a regional character established for the benefit not only of the State of Assam but also for other North Eastern States. It is not a State specific institution only for the State of Assam. Thus, this Regional Dental College, having a regional flavour of the entire northeast States cannot be treated at par with any other solely State established and managed Dental Colleges. Hence, its unique identity cannot be merged with the other State established Dental Colleges which have been established by the State Government for the State of Assam only. On the other hand, it is the stand of the State of Assam that though the NEC and other constituent States of the NEC might have contributed to the establishment of the Regional Dental College at Guwahti, it essentially remains a State Government enterprise and it has not changed its character of being a State Government enterprise. 12. In support of the rival claims, the contending parties have made elaborate submissions. Contentions of the petitioners 13. (i) The petitioners contend that the Regional Dental College, Guwahati is not a College established by the Government of Assam from its own fund but as per the Scheme of the North Eastern Council (NEC) and partially funded by the North Eastern Council as an NEC sponsored Institute, having a regional character for the benefit of entire North eastern region and not only for the State of Assam. (ii) It has been contended that the NEC after the initial sanction of Rs. 65.16 lakhs at the time of establishment, sanctioned a sum of Rs. 35.88 lakhs during the Seventh Five Year Plan for construction of girls' hostel and construction of second floor of the College building compound fencing while purchase of equipments, furniture, books, etc., during the Ninth Five Year Plan. Thereafter, further proposals were submitted to the tune of Rs. 42,18,500 of which the NEC approved 10 lakhs for construction of college canteen, building garage, increasing the accommodation, hostel accommodation from 36 to 56 seats, etc. The flow of fund from the NEC for building necessary infrastructure was, thus, as follows, Sixth Plan Rs. 74 lakhs Seventh Plan Rs. 84 lakhs Eighth Plan Rs. 121 lakhs Ninth Plan (1997-98) Rs. 23 lakhs (1998-99) Rs. The flow of fund from the NEC for building necessary infrastructure was, thus, as follows, Sixth Plan Rs. 74 lakhs Seventh Plan Rs. 84 lakhs Eighth Plan Rs. 121 lakhs Ninth Plan (1997-98) Rs. 23 lakhs (1998-99) Rs. 15 lakhs (iii) It has been submitted that it is on record that there was a communication from the NEC to the State of Assam on 22.6.1999 expressing nonsatisfaction at the slow pace of progress of works stating that though the third year of Ninth Five Year Plan had already started, works allotted approved during the Eighth Five Year Plan were continuing and only reached 70% of the overall progress. Accordingly, the State Government was advised for smooth and proper development of the College and cautioning that the College could be taken over by the NEC and be vested with the all the responsibility of the Institute under the Society. Relevant portion of the communication from the NEC dated 22.6.1999 has been reproduced hereinbelow, “D.O. No. NEC/MFD/31/97 Dated June 22.1999 Dear Shri You may be aware that the North Eastern Council has approved the scheme for “Opening of a Dental Wing at Gauhati Medical College, Guwahati in 1982 during the Sixth Five Year Plan period. Later on this has been upgraded to a Regional Dental College as an NEC project in the year 1985. This Institute has grown up to take care of Dental Education and Oral Health Services to the entire region with NEC's assistance towards non-recurring expenditure and the recurring expenditure being met out from the pro-rota contribution made by the beneficiary States including the State of Assam. The fund flow from NEC for building up necessary infrastructure towards this scheme are given below: Sixth Plan Rs. 74 lakhs Seventh Plan Rs. 84 lakhs Eighth Plan Rs. 121 lakhs Ninth Plan (1997-98) Rs. 23 lakhs (Total approved Rs. 395.538 lakhs) 1998-1999 Rs. 15 lakhs From the distribution of seats at the level of BDS and MDS courses, it has been seen that the State of Assam is always getting the major share of seats available. I am of the view that the distribution of seats are to be made at 40:60 basis with the State of Assam and rest of the six States of the North East equitably and respectively. I am of the view that the distribution of seats are to be made at 40:60 basis with the State of Assam and rest of the six States of the North East equitably and respectively. If we again review the progress of infrastructure development works, it reveals that the pace of works is very slow and the Institute is unable to grow at its desired level. From the reported progress of works, it has been noticed that though we have already landed at the third year of 9th Plan, works allotted/approved during the 8th Plan Period are still continuing and only reached at 70 per cent level of over all progress. Again if we review the progress of work during the 9th Plan Period, NEC has released a total amount of Rs. 38 lakhs (Rs. 23 lakhs during 1997-98 and Rs. 15 lakhs during 1998-99) up to 1998-99 but, no progress could be achieved till now as reported by the Director of Medical Education, Government of Assam vide Quarterly Progress Report for the year ending 31st March, 1999 vide his letter No. DM OE/NEC 116116/98/4147 dated 14.5.99. This is a dismal picture on the overall implementation of the project by the State Government. In view of smooth and proper development of the college for rendering services to the entire population of the North East in future in a more meaningful way, it is felt that this College may be taken over the NEC and be vested over all responsibilities of the Institute under a Society. In view of above, it is requested to vie your views in the matter as early as possible so that the matter may be discussed with the other member States of NEC in its next meeting of the Council. Yours sincerely, (Takap Ringu) Shri P K Bora Chief Secretary Government of Assam Dispur Guwahati-781005” (emphasis added) (iv) It has been submitted that the Regional Dental College is an institute of regional character, having its own separate and different entity, which cannot be equated with that of a State Institute. (v) The administrative control was given to the Government of Assam, only for the reason that it is located within the geographical area of the State of Assam and the NEC does not generally directly administer educational institutions. (v) The administrative control was given to the Government of Assam, only for the reason that it is located within the geographical area of the State of Assam and the NEC does not generally directly administer educational institutions. Accordingly, such authority was given to the State of Assam on behalf of NEC and other beneficiary States, by way of outsourcing the authority of the NEC to the State Government purely for administrative convenience. (vi) It has been further contended that the Advisory Committee was set up and constituted vide notification dated 27.11.1982 as per the Scheme which is chaired by the Secretary to the Government of Assam with certain functions. Creation of the Advisory Committee itself indicates that the State of Assam does not have exclusive control over the Regional Dental College. The said notification is reproduced herein below, “Government of Assam Health & Family Welfare (B) Department Dispur: Guwahati-781006 ORDERS BY THE GOVERNOR OF ASSAM NOTIFICATION Dated Dispur the 27th November, 1982 No. HLB.202/82/30: The Governor of Assam is pleased to constitute an advisory committee of the Dental wing of the Gauhati Medical College, Guwahati with the following representatives of the concern States/Union territories with effect from the date of issue of this notification and until further orders : Secretary to the Govt, of Assam, … Ex-Officio Chairman Health & Family Welfare Deptt. Professor and Head of Dental Wing Gauhati Medical College … Ex-Officio Member Secretary Principal, Gauahti Medical College, Gauhati … Member Director of Health Services, Assam, Gauahti-6 … -do- Representative from North Eastern Council, Shillong … -do- Representative from Govt, of Meghalaya, Shillong … -do- Representative from Government of Manipur … -do- Representative from Government of Arunachal Pradesh … -do- Representative from Govt, of Mizoram … -do- Representative from Govt, of Tripura … -do- Representative from Gauhati University of Gauhati … -do- Dr. R. L. Ghose, Dental Surgeon Zunheboto, Civil Hospital, Nagaland (Representative from Govt, of Nagaland) … -do- The duties and powers of Advisory Committee are as follows: 1. To resolve problems that may arise from time-to-time relating to smooth functioning to the Dental wing. 2. To recommend such measure as the Committee considered necessary in matters relating to students, hostels and welfare. 3. To consider examine and initiate proposals for improvement of Dental Wing. 4. To advice of any question referred to it by the Director of Health Services, Govt. 2. To recommend such measure as the Committee considered necessary in matters relating to students, hostels and welfare. 3. To consider examine and initiate proposals for improvement of Dental Wing. 4. To advice of any question referred to it by the Director of Health Services, Govt. of Assam or North Eastern Council. 5. The decisions and recommendations of the Advisory Committee would be reported to the Director of Health Service, Assam and to Govt. of Assam. The Secretary of the Advisory Committee would call meeting in consultation with the Chairman of the Advisory Committee as and when necessary. Meeting of the Advisory Committee may be as often as demand. Sd/- D.C. Pathak Deputy Secretary to the Govt. of Assam Health & Family Welfare (B) Dept. Memo No. HLB.202/82/30-A Dt. Dispur, the 27th November, 82” (emphasis added) (vii) In the meeting of the 23rd Advisory Committee held on 11.1.2013, there was a discussion and decision to invoke the system of Governing Body and Executive Committee and for constitution of the Governing Body within February, 2013 which clearly indicates that there is a provision for such bodies for management and administration of the Regional Dental College. The relevant portion of the aforesaid minutes of the meeting of the Advisory Committee is reproduced hereinbelow: “(a) The Principal, Regional Dental College, Guwahati welcomed the members present in the meeting Shri P.P. Varma, I.A.S., Add. Chief Secretary and Chairman initiated the discussion. (b) On enquiry from the Addl. Chief Secretary, Health, the Committee was informed that its constitution was related to Dental Wing of the Medical Colleges only. However, subsequently, the Dental College has come into existence as a separate entity and the rules for autonomy of the Health Institution was framed by the Government in 2002. These rules provide for a Governing Body and an Executive Committee. As such the Advisory Committee has no relevance, as far as the affairs of the Dental College are concerned. In view, of this, Addl. Chief Secretary suggested that no further meeting of the Advisory Committee should be called and instead the system of Governing Body and Executive Committee should be involved. As such the Advisory Committee has no relevance, as far as the affairs of the Dental College are concerned. In view, of this, Addl. Chief Secretary suggested that no further meeting of the Advisory Committee should be called and instead the system of Governing Body and Executive Committee should be involved. However, the meeting already conveyed may review the matter discussed in the last meeting and they should be further discussed in the Governing Body to be constituted within February, 2013.” (emphasis added) (viii) In the aforesaid meeting of the 23rd Advisory Committee, it was observed that the Regional Dental College has come into existence as a separate entity and the rules for autonomy of the Institute were framed by the State Government in 2002 which provide for a Governing Body and an Executive Committee and advised for invoking these bodies which dearly indicates that the Regional Dental College is not a State institute. (ix) It has been submitted that the faculty members as well as the staff of the Regional Dental College are being paid their salary from the pro-rota contribution made by the whole North Eastern States and not by the State of Assam alone and as such, the State of Assam cannot claim exclusive ownership and control over the College to the exclusion of other North Eastern States, all of which have their stakes. (x) It has been submitted that it is in the nature of a joint venture enterprise, where not only the State of Assam, but other North Eastern States also have proportionate stakes corresponding to the number of the seats allotted to them. (xi) The fact that the Regional Dental College, Guwahati is an independent institute and not a State Government enterprise is evident from the advertisement issued for appointment of the faculty members. At the time of recruitment to the posts under the Regional Dental College in 1988, though these were advertised through the Assam Public Service Commission (APSC), it was not under the Department of Health, Govt. of Assam, which would have been under the Dept, of Health, State Government of Assam, had these posts been under the State Government. (xii) Since the petitioners and members of the Association were appointed as faculty members of the Regional Dental College and not as the staff of the State Government, it indicates that the Regional Dental College is not part of the State Government. (xii) Since the petitioners and members of the Association were appointed as faculty members of the Regional Dental College and not as the staff of the State Government, it indicates that the Regional Dental College is not part of the State Government. It has been submitted that as the faculty members and the staff of the Regional Dental College are recruited exclusively for the Regional Dental College, their gradation lists have been also separately published and as such, treating the faculty members of the Regional Dental College to be employees of the State Government and, thus, making them liable to be transferred to other exclusively State Government established and managed Dental Colleges like Dibrugarh Dental College at Dibrugarh and Silchar Dental College at Silchar and also by seeking to amalgamate them with other employees of the State Government, would be illegal. (xiii) Further, it has been submitted that the Regional Dental College not only imparts BDS Course (Graduate) but also Post Graduate Course of MDS, whereas, the newly established State Govt. Dental Colleges impart only Graduation Course of BDS. The faculty members of the Regional Dental College had been recruited for teaching both the Graduation and Post Graduate Courses. Thus, if transfer of the faculty members of the Regional Dental College to the Graduate Dental Colleges of the State is allowed, it would harm the efficacy of the Regional Dental College by lowering and compromising with the quality of teaching in the Regional Dental College. 14. Contentions of the State of Assam (i) On the other hand, it has been contended on behalf of the State of Assam that the fact that the NEC proposed to open the Dental Wing in the existing Gauhati Medical College, itself indicates that it is an integral part of the Gauhati Medical College. The existing Dental Department of the Gauhati Medical College was converted to a Dental Wing and the existing staff of the Dental Department were utilised for establishment of the Dental Wing. (ii) It has been contended that the fact that the Gauhati Medical College is a State enterprise is not in dispute. If that is so, the Dental Wing which had been established by converting the Dental Department of a State Government Medical College, certainly, cannot be said to be a separate entity and not a State Government enterprise. (ii) It has been contended that the fact that the Gauhati Medical College is a State enterprise is not in dispute. If that is so, the Dental Wing which had been established by converting the Dental Department of a State Government Medical College, certainly, cannot be said to be a separate entity and not a State Government enterprise. (iii) It has been contended that merely because the NEC took the initiative and made certain financial contributions for establishing the Dental Wing, will not make it an Institute belonging to the NEC. In fact, the NEC never claimed any ownership over the Dental Wing or the Regional Dental College as also mentioned in the affidavit filed by the NEC. (iv) It has been contended that what the NEC did was to make the initial contribution for the establishment, which contribution was not exclusive or exhaustive as the State Government had also contributed substantially for the establishment of the Dental Wing and continues to contribute till now. (v) It has been contended that the Assam Government made substantial financial capital investments for improvement of the infrastructure of the institute. For instance, during 2017-18 itself, Rs. 103.03304 lakhs of State funds was sanctioned by the Government of Assam in the Health and Family Welfare Department vide letter dated 17.3.2018 for purchase of equipments along with civil works. In the current financial year, an amount of Rs. 300 lakhs has been budgeted for civil works, only along with amount of Rs. 50 lakhs for the Hospital Management Society. Further, the Health and Family Welfare Department is now in the process of formulating a comprehensive master plan for repair and renovation of the Institute to be funded solely from State funds and for this purpose the Government of Assam in the Health and Family Welfare Department vide letter dated 6.10.2018 directed the Chief Engineer, Public Works (Building) Department to prepare a master plan for renovation/up-gradation of the Regional Dental College, Guwahati. (vi) It has been submitted that now the NEC authority has also stopped granting any more fund to the Regional Dental College, as evident from the following communication. “GOVERNMENT OF ASSAM TRANSFORMATION AND DEVELOPMETN DEPARTMENT DISPUR No. PD/NEC/24/2013/316 Dated the 8th January 2018 From : K.K. Nath, ISS Secretary to the Govt. (vi) It has been submitted that now the NEC authority has also stopped granting any more fund to the Regional Dental College, as evident from the following communication. “GOVERNMENT OF ASSAM TRANSFORMATION AND DEVELOPMETN DEPARTMENT DISPUR No. PD/NEC/24/2013/316 Dated the 8th January 2018 From : K.K. Nath, ISS Secretary to the Govt. of Assam To : The Principal Secretary Heatlh & Family Welfare Department Dispur Sub : Closure of projects funded by NEC under Heath Sector “as is where is basis”. Sir I am inviting a reference to the subject mentioned above, 1 am directed to inform you that NEC will not release further funds for these projects, viz,: (1) Infrastructure facilities at Down Town College of Health Science, (2) Regional Dental College, Guwahati, (3) Modern Bum Care Unit, Guwahati, (4) Physical Infrastructure of Orthopaedics Department at Gauhati Medical College, (5) Hospitalship over the river Brahmapurtra, (6) Infrastructure for 100 bedded Civil Hospital at Sonari, (7) Additional facilities in Gauhati Medical College, Guwahati, (8) Additional facilities in Silchar Medical College, Silchar, (9) Construction of Vertical Extension of 1st floor, 2nd and 3rd Floor of M.D. S. building at Regional Dental College, Guwahati, (10) Regional College of Nursing Guwahati, (11) Assam Medical College, Dibrugarh. In this regard Transformation and Development department's earlier letter No. PD/NEC/24/2013/315 dated 16-12-2017 may kindly be referred to. You are requested kindly to submit all the requisite documents and close the schemes on “as is where is basis”. This has the approval of hon'ble Minister, Transformation & Development Department. Yours faithfully, (K.K. Nath), Secretary to the Govt. of Assam Transformation & Development Department Memo No. PD/NEC/24/2013/316-A Dated the 8th January, 2018” (vii) It has been submitted that the fund provided by the beneficiary States against allotted seats in the Regional Dental College is an instance of quid pro quo and such funds as highlighted by petitioners are utilized for the purpose of the sponsorship of the students of the respective beneficiaries States and not for the regular expenditure of the Regional Dental College which is borne by the Government of Assam. (viii) Further, the NEC Scheme itself makes it specifically clear that the rules for management of the Dental Wing to be started at the Gauhati Medical College were to be framed by the State Government only and the State Government has been vested the authority to administer the Institution. (viii) Further, the NEC Scheme itself makes it specifically clear that the rules for management of the Dental Wing to be started at the Gauhati Medical College were to be framed by the State Government only and the State Government has been vested the authority to administer the Institution. This would make it abundantly clear that the Dental Wing, which was established, is under the authority and control of the State Government. (ix) If that is so, there is no reason why the employees of the Regional Dental College, which was upgraded from Dental Wing cannot be considered to be State Government employees, and as such, they would be liable to be transferred to any other State Government Institutes and also subject to any policy decision taken by the State Government including amalgamation with other employees of the Dental Colleges established by the State Government, if needed be. (x) It has been submitted that the Dental Wing was established by co — opting the existing staff of the Dental Department of the Gauhati Medical College. NEC Scheme itself clearly mentions that the existing staff of the Department of Dentistry of Gauhati Medical College will constitute the nucleus of the staff of the Dental Wing after formal conversion of the Department as the Dental Wing as proposed. (xi) It has been contended that before the Dental Wing was established, there was a Department of Dentistry already existing in the Gauhati Medical College. The said Department of Dentistry of the Gauhati Medical College, which is a State Government College was converted to Dental Wing and later on as a Dental College. In other words, the Dental Department of the State Government College was converted to the Dental Wing and subsequently upgraded as a Regional Dental College. (xii) Thus, the essential character of the status of the employees remains the same though the Dental Department has been converted to a Dental Wing. It is because of this reason that the State Government of Assam has been vested with the authority to administer the Institution and it is also because of this reason that appointments had been made and continue to be made through the Assam Public Service Commission, not by the NEC or by any other authority which is not under the control of the State Government. (xiii) It has been also contended on behalf of the State of Assam that the Dental Wing of the Gauhati Medical College was not named as “Regional” in the original scheme proposed and submitted to the Government of Assam. In fact, it was the Government of Assam, which later on decided to upgrade the Dental Wing of the Gauhati Medical College to a full-fleged Medical College and renamed the Dental Wing as “Regional Dental College” and also created the post of the Principal of the said Regional Dental College vide order dated 11.2.1985. Accordingly, the State Government of Assam issued the notification on 11.2.1985, notifying the Dental Wing as “Regional Dental College”, Guwahati after its upgradation. (xiv) It has been accordingly, contended that from 1982 to 1985, the Dental Wing of the Gauhati Medical College was functioning as a part of the Gauhati Medical College and Hospital and after upgradation, as a separate Institution, namely, the Regional Dental College, established at the behest of Government of Assam. (xv) It has been also submitted that giving the nomenclature of “Regional” does not make it less a State Institute. It was merely named as “Regional” to indicate that students from other north eastern States were given dental education by offering certain number of seats, for which the respective States bear the costs proportionate to the number of seats. (xvi) Thus, by merely allocating seats to different other States, the College does not lose its identity as a State Government institute and to become a different entity beyond the control and jurisdiction of the State Government of Assam. (xvii) It is because of this reason that all the faculty and staff of the Regional Dental College are being paid by the State Government. The pensions and other allowances are also borne by the Government of Assam. (xviii) It has been further contended that even if a portion of the recurring expenditure is borne by the other North Eastern States and the fact that the NEC has provided financial assistance to the non-recurring expenditure, it does not divest the institute of its character as a State institute under the Government of Assam, as the State Government was given the authority to administer the Institute. (xix) It has been further contended that the Advisory Committee was set up and constituted vide notification dated 27.11.1982 and as per the Scheme it is chaired by the Secretary to the Government of Assam. As mentioned above, its functions are to resolve problems that may arise from time-to-time relating to smooth functioning of the Dental Wing; to recommend such measure as the Committee considered necessary in matters relating to students, hostels and welfare; to consider examine and initiate proposals for improvement of Dental Wing; to advice of any question referred to it by the Director of Healthy Services; Govt. of Assam or North Eastern Council and the decisions and recommendations of the Advisory Committee are to be reported to the Director of Health Service, Assam and to Govt. of Assam. (xx) It has been contended that the aforesaid terms of reference do not indicate at all that the State Government has been divested of its power and authority of management and control over the Regional Dental College. The aforesaid terms of reference merely lay down certain areas of administration of the Institute for the benefit of the Institute and do not impinge on the authority and control of State of Assam over the Institute. 15. The North Eastern Council (NEC), which has been impleaded as a respondent in both the petitions have taken an ambiguous plea without committing itself clearly as to whether the Regional Dental College is an exclusive Government of Assam enterprise or not and whether it has been given complete and untrammelled control over the Institute as any another State Institute. This ambiguity and lack of clarity on the part of the NEC perhaps stems from the fact that the NEC at the time of filing the affidavit did not have the entire materials or records relating to the setting of the Regional Medical College at Guwahati as evident from the letter dated 26.12.2017 in which the Economic Advisor (HR) to the NEC requested the Principal of the Regional Dental College “to provide us copies of the documents/MoU, etc., on the basis of which the Regional Dental College at Guwahati was established during the year 1982 for our information and record” [Annexure XXII to the petition]. This request of the NEC reflects poorly on the functioning of the NEC's as regards their information of the various projects initiated and funded by the NEC. This request of the NEC reflects poorly on the functioning of the NEC's as regards their information of the various projects initiated and funded by the NEC. This deficiency perhaps was the reason that this court could not get proper assistance from the NEC in resolving the issues raised in these petitions. 16. In the affidavit filed by the NEC, it has been merely stated that the NEC had initially given financial support to the Government of Assam in respect of non-recurring expenditure like construction of building, purchase of books, installation of laboratory equipments, utensils, furniture, vehicles, etc., to establish the Regional Dental College at Guwahati and that the main consideration of the NEC is to support and fund, to establish the Regional Dental College for the development of the whole North East region and is not directly or indirectly involved in the matter pertaining to the internal administration and service related issues of the said Institution. Accordingly, the administrative control of the said Institute has been entrusted to the Government of Assam. It has been stated in the affidavit that in consequence of the financial support given by the NEC for the purpose of establishing the said Institution, the NEC does not claim any ownership and dominion of the said Institution as the same has been extended to the Government of Assam. It has been further stated by the NEC that, however, upon receipt of certain proposal from the Principal of the Regional Dental College that the Government of Assam has desired renaming the Regional Dental College to Guwahati Dental College, it was requested that the name of the Institute should be retained as Regional Dental College as the NEC had extended financial support for establishment of a dental institute of regional nature for the benefit of entire North Eastern Region and accordingly, it was desired from the Government of Assam that while carrying out administrative functions, the regional nature of the Regional Dental College should not be disturbed. 17. The other States of the North Eastern Region whose students are studying in the Regional Dental College for which they also contribute financially proportionate to the number of seats, have been impleaded as respondents in WP(C) No. 7231/2018. 17. The other States of the North Eastern Region whose students are studying in the Regional Dental College for which they also contribute financially proportionate to the number of seats, have been impleaded as respondents in WP(C) No. 7231/2018. Though none of them have filed any affidavit, learned counsel for all these North Eastern States have submitted in one voice that the regional character of the Dental College may be retained. In other words, their submission is that irrespective of any outcome of decision of this court or stand taken by the State of Assam or by this court, the regional character of the College may not be disturbed. 18. These are the rival contentions. 19. Thus, the crux of the issue, which runs through these two petitions is whether the Regional Dental College is just another State Government College, on which the State Government has full control and authority and accordingly, the faculty members and staff of the College are to be treated as the employees of the State Government so that, as employees of the State Government, they would be liable to be transferred to any other State Dental College and also will be subject to any policy decision that may be taken by the State Government including for amalgamating the staff of the Regional Dental College with the other Dental Colleges exclusively under control of the Government of Assam. 20. On consideration of the pleadings and rival submissions advanced by the contesting parties, the following positions emerge or can be inferred. (i) The Regional Dental College as exists today is a product of an outreach scheme of the North Eastern Council to establish a premier Dental College for the benefit of the entire North East. (ii) Prior to establishment of this Dental College, there was no institute imparting dental education in any of the North Eastern States. That apart, the number of Dental surgeons available in the entire North East region was woefully inadequate to deal with the dental health care. (iii) It was in this context and background that establishment of a dental college for the entire north eastern region was conceived. There were also considerations to locate the Regional Dental College in other locations like Imphal in Manipur and Silchar in Assam for even distribution of the common resources at the command of the North Eastern Council. (iii) It was in this context and background that establishment of a dental college for the entire north eastern region was conceived. There were also considerations to locate the Regional Dental College in other locations like Imphal in Manipur and Silchar in Assam for even distribution of the common resources at the command of the North Eastern Council. (iv) However, considering the volatile law and order problem and the inadequate infrastructure development in the other locations obtaining at that time, the North Eastern Council ultimately decided to establish the first ever Dental College in Guwahati by converting the existing Dental Department of Gauhati Medical College as Dental Wing as referred to above. (v) In other words, the Regional Dental College was conceived and established as a Regional Dental College for catering to the need of the entire North Eastern States and not only for the State of Assam. Thus, from very inception, it had a regional intent, character and purpose, which continues to be so till now, as it still caters to the needs of the students of the entire North Eastern States, not only upto Graduation stage but also Post-Graduation stage of studies. (vi) It is also not in dispute that the Regional Dental College (Dental Wing at the initial stage) was set up with the contribution of the NEC. The existing infrastructure of the Dental Department of the Gauhati Medical College was augmented by construction of new building, hostel for dental students, purchase of equipments/furniture for which a sum of Rs. 65.16 lakhs was initially allotted by the NEC under the Sixth Five Year Plan. The contribution of the NEC has also continued. The State of Assam however, contends that now, the NEC has stopped funding. (vii) Though it has been submitted that the NEC has stopped funding the Institute, it is not understood as to whether it would permanently stop funding. There is no clarification from the NEC of any categorical statement in this regard. (viii) Though the State of Assam continues to bear the major portion of the recurring expenses, the North Eastern States whose students are studying are continuing to make their pro-rota contribution. (ix) It is also noticed that the faculty and the staff of the Regional Dental College are recruited by the State Government through the Assam Public Service Commission. (viii) Though the State of Assam continues to bear the major portion of the recurring expenses, the North Eastern States whose students are studying are continuing to make their pro-rota contribution. (ix) It is also noticed that the faculty and the staff of the Regional Dental College are recruited by the State Government through the Assam Public Service Commission. (x) As regards management of the Institute, the authority has been vested to the State of Assam. This is perhaps due to the reason that the Institute is located in Assam and was built upon the existing foundation of the Dental Department of the Gauhati Medical College, which is a State Medical College. (xi) However, the scheme also provides for constituting an Advisory Committee with certain terms of reference as referred to above for the smooth functioning of the Dental College. The Government of Assam constituted the Advisory Committee of the Dental Wing of the Gauhati Medical College vide notification dated 27.11.1982 which was entrusted with certain responsibilities for the smooth functioning of the College. (xii) Though the NEC in their affidavit had stated that the NEC is not directly or indirectly involved in the matter pertaining to internal administration and service related issues of the Institution, there is a mention of the Institute being managed by a Society with a Governing Body and Executive Council as evident from the proceeding of the meeting of the 23rd Advisory Committee held on 11.1.2013. (xiii) However, as regards the constitution of the Governing Body and the Executive Council which were to be constituted by the end of February, 2013, as mentioned in the meeting of the 23rd Advisory Committee, neither the NEC nor the State of Assam nor the petitioners have been able to produce any record or documents relating to their constitution before this court. (xiv) As per the annual plan of 2011-12, prepared by the NEC, there is a specific recommendation that regional institutions should be transferred to the Line Ministries immediately as to ensure that additional resources on account avoid O & M expenditure become available to the NEC which will also help secure management input and the Prime Minister had directed that the regional character should be maintained under all circumstances and the Line Ministries should make efforts to allay local apprehensions if any. However, in absence of any materials before this court, this court is not able to make any further observation in that regard. (xv) In the official communications of the Regional Dental College and other authorities, the fact that the Regional Dental College is a project of the NEC having a regional character has been reiterated from time-to-time. (xvi) There are two Dental Colleges which the State Government has established as State Colleges, namely, the Dibrugarh Dental College at Dibrugarh and Silchar Medical College at Silchar from the funds raised by the State itself, not as institutions financed by the NEC. These State Colleges only offer BDS courses and not MDS courses. 21. A minute examination and analysis of the pleadings and rival submissions advanced, referred to above, would indicate that the Regional Dental College is an institution which cannot be considered to be purely a State Government College. At the same time, it cannot be also said to be an autonomous and independent institution on the basis of the materials made available before this court. 22. The fact that it is not an exclusively State Government enterprise is amply indicated by the history of its inception and establishment. It was because of the initiative taken by the NEC with its financial support that the dental college was established with regional character for catering to the needs of not only the State of Assam but the all North Eastern States. Even if the State of Assam extended the maximum assistance towards the establishment of the College either by way of infrastructural and human resources support, which it continues to do so, it cannot be said to be an exclusively Government of Assam educational enterprise. It is the only dental institute in the entire North East where the NEC has invested its resources and where other North Eastern States also have contributed, though may not be in the scale of State of Assam. The State of Assam is certainly a major stakeholder having a prominent and principal role in managing the affairs and as such it has been given the authority to administer the Institution. 23. The State of Assam is certainly a major stakeholder having a prominent and principal role in managing the affairs and as such it has been given the authority to administer the Institution. 23. The fact that the Assam State Government had been given the primary authority to administer, however, does not necessarily endow the State overall authority of management of the Institute, for the reason that the scheme itself envisages constitution of an Advisory Committee consisting of representatives of other States to look into the affairs of the Institute for its well being. Though the terms of reference of the Advisory Committee do not pertain to day-to-day administration and management of the Institute but it certainly is an authority to advise the State of Assam for its proper management and functioning which the State of Assam is obliged to take into consideration for proper administration of the Institute. 24. It is true that in the Scheme under which the Institute was established, it is mentioned that the rules of management would be framed by the State Government, in which is vested the authority to administer the Institution. This vesting of authority, in the opinion of this court, is intra-institutional authority of the State Government over the Institution. This court is of view that the fact that the State of Assam has been given the intra-institutional jurisdiction, does not necessarily mean that the State of Assam has also been given the inter-institutional and extra-institutional jurisdiction, in the sense that the jurisdiction of the State of Assam may not extend to inter or extra institutional issues, i.e., issues which go beyond the internal management of the Institute. While the State of Assam may have been given the authority to manage the internal administration of the institution, there is no clinching material to indicate that it has been also given the all-encompassing authority to enable it to integrate or incorporate the Regional Dental College with other State Dental Colleges, as part of its overall authority over the Regional Dental College. In other words, the Government of Assam has not been given overriding authority over the Regional Dental College in the same manner it has over the other institutions set up and established by the State Government on its own. 25. In other words, the Government of Assam has not been given overriding authority over the Regional Dental College in the same manner it has over the other institutions set up and established by the State Government on its own. 25. This is clearly indicated by the fact of constitution of an Advisory Committee consisting of members representing other States as well, with certain functions and responsibilities. In fact, there is also a reference to constitution of a Governing Body and Executive Council as mentioned in the 23rd meeting of the Advisory Council. These clearly indicate that there are other bodies to manage the affairs of the Institute. How much these bodies impinge upon the authority of the State of Assam in managing with overall authority over the Institute is not ascertainable at this stage, because of lack of adequate and necessary materials before this court. If certain authorities have been created to do certain things for the smooth functioning of the Institute, it cannot be said that the State Government has untrammelled control over the Institute. 26. Even though neither the NEC nor the State Government, nor the petitioners have been able to produce any document relating to the Governing Body and Executive Committee, the fact that there is a reference of its existence in the meeting of the Advisory Committee would clearly indicate that there are other authorities having control in the management of the Regional Dental College and the State of Assam has not been given the exclusive authority to manage the affairs of the Institution. As mentioned above, the NEC does not seem to have in their custody the related documents about the establishment, setting up and management of the Regional Dental College, because of which the NEC requested the Government of Assam to furnish the relevant documents. 27. Because of this lack of materials before the court about the composition, nature and power of the Governing Body and Executive Committee, this court is not in a position to ascertain the exact nature of the authority of the said Governing Body and the Executive Committee, which would have clearly indicated the nature of the Regional Dental College, and also to what extent the authority of the Government of Assam prevails over the affairs of the Institute. 28. 28. Though there is some force in the contention made on behalf of the State of Assam that the State Government has overall control over the internal administration of the Regional Dental College by virtue being the main stakeholder and being the main contributor in terms of the infrastructure and the manpower, yet, for the reasons discussed above, it cannot be accepted without any reservation that the College is exclusively a State Government enterprise over which, the State Government has absolute control, and, thus, empower the State Government to treat the Regional Dental College at par with other Dental colleges established by the State Government, viz., the Dibrugarh and Silchar Medical Colleges. 29. On the basis of the materials made available before this court and rival submissions advanced by the contesting parties and on analysis of the same, this court, however, would unhesitatingly hold that the Regional Dental College cannot be treated to be an exclusively State institute in view of the nature of the inception of the Institute and the role played by other entities other than the State of Assam in establishing it. In spite of the fact that the presence of the Government of Assam in the management of the affairs of the Institute is overwhelming and dominant, the Regional Dental College cannot be equated and be treated at par with any other dental colleges exclusively founded, established and managed by the State Government. It is a unique Institution of its own kind, having additional attributes beyond the attributes of a State Dental College. In other words, it is much more than a mere State Government College, though it cannot be ascertained to what extent it is different from the other State Dental Colleges. 30. This conclusion arrived at by this court that the Regional Dental College is different from other State Dental Colleges and cannot be treated at par with the other State Dental Colleges, does not necessarily lead to the inevitable consequential inference that the employees serving in the Regional Dental Colleges are not under the control of the State Government. 30. This conclusion arrived at by this court that the Regional Dental College is different from other State Dental Colleges and cannot be treated at par with the other State Dental Colleges, does not necessarily lead to the inevitable consequential inference that the employees serving in the Regional Dental Colleges are not under the control of the State Government. On the contrary, there are materials to indicate that the employees have been appointed by the State Government and their financial entitlements during and after their service are being looked after by the State Government though in that process the State Government may be getting financial contributions from other States whose students are enrolled and undertaking dental education in the College. As mentioned above, since the Regional Dental College is a unique College, it cannot be equated and treated at par with the aforesaid 2 Dental Colleges established by the State Government at Dibrugarh and Silchar. There are qualitative differences between these institutes. It may be also noted that whereas the Regional Dental College not only imparts graduation courses but also post graduation courses in dental education, the two dental colleges later established by the State Government impart only graduation courses. Thus, the question also arises as to whether the teaching faculty recruited to teach not only graduation courses but also post graduate courses in the Regional Dental College could be equated with the faculty members recruited for teaching only graduate courses, as contended by the petitioners, even if the State Government has control over the employees of the Regional Dental College. 31. If the Regional Dental College is held to be like any other Dental College established and managed by the State Government, there would not have been any difficulty on the part of this court to hold that the employees including the faculty members of the Regional Dental College would have to be also treated similarly as any other employees of the State Government, in which event, they have to comply with such directions issued and decisions as taken by the State Government, in the matter of transfer or amalgamation as the case may be. On the other hand, if the Regional Dental College is not be treated in the same manner as the other State Dental Colleges established by the State of Assam, can the employees of the Regional Dental College be treated at par with those of the other State Dental Colleges? The related issue that arises is whether the petitioners being employees of the Regional Dental College form a separate cadre different from the employees of the other two dental Colleges at Dibrugarh and Silchar? 32. There is another important aspect which cannot be glossed over. Admittedly and undeniably, the Regional Dental College was established as an Institute keeping in mind the interest of the entire North Eastern States, thus, indubitably it can be considered to be an Institute with regional flavour of the entire north east. If that is so, the other issue which arises is, to how the regional character of the Institute is to be maintained and retained? Even if the State of Assam is given the authority to manage and administer the Institute, can it take such steps or actions which would compromise or dilute the regional character of the Institute? One of the incidences to indicate whether a body has all encompassing authority over an institute is to see whether it could extinguish its identity, in the same manner as the owner of a property can alienate, dispose of the property. In the present case, it is doubtful if the State of Assam has the power or authority to change the unique regional character of the Regional Dental College. If it cannot, can it be said that the State of Assam has an overriding or untrammelled control over it? 33. The issues which have arisen is because of the uniqueness of the Regional Dental College, and this court is of the view that it is not an exclusively State Dental College like the other two Dental Colleges. This and other related issues, nonetheless, require to be resolved. 33. The issues which have arisen is because of the uniqueness of the Regional Dental College, and this court is of the view that it is not an exclusively State Dental College like the other two Dental Colleges. This and other related issues, nonetheless, require to be resolved. However, because of the ambiguous and vague stand taken by the North Eastern Council (NEC) at whose instance this Regional College has been established, and also because of indications of existence of such bodies as Advisory Committee, Governing Body and the Executive Committee, which are supposed to manage the affairs of the Regional Dental College as referred to above, details of which are not available before this court, this court is not able to declare conclusively and categorically that the employees of the Regional Dental College cannot be treated as employees of the State Government. On the other hand, as mentioned above, there are also equally weighty considerations which enable the State Government to assert that the employees of the Regional Dental College are State Government employees who are liable to such directions as may be issued by the State Government. This court perhaps could have come to definitive conclusions if the composition, nature and function of the Executive Committee and the Governing Body as referred to above had been made available before this court. Unfortunately, in absence of materials to indicate the scope, composition and power and functions of the Governing Body and the Executive Committee, this court is not able to arrive at any definitive conclusion. 34. However, since the issue, whether the Government of Assam has exclusive and total control over the Regional Dental college, could not be decided by this court for the reasons discussed above, this court is of the opinion that this is an issue which has to be resolved by the authorities themselves after mutual discussions among themselves, viz., the State of Assam, the North Eastern Council, which also represents the interests of other constituent States including the State of Assam and the Government of India as it was the Government of India which had given the approval for establishment of this Regional Dental College and also made available the necessary financial requirements for the same, through the NEC. 35. 35. This court has, however, already observed that merely because the Assam Government has been vested with the authority to manage internal administration/management of the Regional Dental College, it does not ipso facto mean that the State of Assam has exclusive control over the Regional Dental College so as to transfer the employees of the institute to another institute exclusively managed by the State Government and also to amalgamate the existing employees of the Regional Dental College with the State employees who have been appointed for other State managed Dental Colleges. In other words, this intra-institutional jurisdiction and authority given to the State of Assam does not necessarily mean that it has been vested with overall the authority to deal with the Regional Dental College as its own institution and to treat it at par with the other State established Dental Colleges, thus, giving inter and extra institutional authority also over the Institute. 36. In view of the ambiguous and contrary indicators about the status of the Regional Dental College and about the service conditions of the employees, this court is of the view that the authorities should take a decision and let it known publicly in clear and unequivocal terms. This court is of the view that the main stakeholders, viz., the State of Assam, the North Eastern Council and the Government of India, the official respondents in these petitions should speak in a collective and unanimous voice of the status of the Regional Dental College and also of the employees. Accordingly, these authorities in consultation and coordination with one another should resolve the issues raised in these petitions. The issues raised may be framed as follows: (1) In the light of the above referred facts and circumstances, what is the real status of the Regional Dental College vis-a-vis the other State Dental Colleges at Dibrugarh and Silchar? (2) In spite of its having a regional character with additional attributes, can the Regional Dental College still be treated to be same in status as the State Dental Colleges at Dibrugarh and Silchar, over which the State of Assam has untrammelled power and authority? If not, how and in what manner the difference is to be maintained? (3) Have the Governing Body and the Executive Committee of the Regional Dental College been constituted? If not, how and in what manner the difference is to be maintained? (3) Have the Governing Body and the Executive Committee of the Regional Dental College been constituted? And if so, what are their powers and functions and in what manner their powers and functions interplay with the authority of the State Government in managing the Institute? (4) What is the status of the employees of the Regional Dental College? (5) Can the service conditions of the employees of the Regional Dental College be regulated exclusively by the State of Assam? (6) Does the State Government of Assam have exclusive authority to issue any such orders or directions affecting the rights and privileges of the employees of the Regional Dental College by treating them to be at par with the State Government employees? (7) Even if they are treated to be employees of the State of Assam, do they constitute a distinct cadre by virtue of being appointed for the Regional Dental College? (8) If so, can the employees of the Regional Dental College be transferred to any other dental college exclusively established by the State Government without their consent? (9) And, also, whether the services of the employees of the Regional Dental College can be amalgamated with the others employed in the other State Dental Colleges at Dibrugarh and Silchar? 37. It is also made clear that while deciding the issues as indicated above, all the official respondents, i.e., the State of Assam, the North Eastern Council (NEC) and the Government of India, must also ensure that the regional and unique character of the Regional Dental College is not compromised or diluted. 38. Accordingly, the present petition is disposed of with the direction to the respondents, i.e., the State of Assam, the North Eastern Council (NEC) and the Government of India, to take appropriate decisions as regards the issues referred to above, after necessary consultations and coordination amongst themselves as expeditiously as possible preferably within a period of 3 months. 38. Accordingly, the present petition is disposed of with the direction to the respondents, i.e., the State of Assam, the North Eastern Council (NEC) and the Government of India, to take appropriate decisions as regards the issues referred to above, after necessary consultations and coordination amongst themselves as expeditiously as possible preferably within a period of 3 months. It is also made clear that till such appropriate decisions are taken by the aforesaid respondents as regards the issues framed above, no action may be taken for transferring any of the employees of the Regional Dental College to any other State managed institutions like Dibrugarh Dental College or Silchar Dental College or to amalgamate the faculty members of the Regional Dental College with the other Dental Colleges to form any single cadre without the consent of the petitioners. 39. It is also made clear that even though the petitioners or the employees may not have a vested right to participate in the deliberations of the authorities as indicated above, this court is of the view that since the decisions to be arrived at may affect their existing rights, it would be desirable that they also be heard, for which, the petitioners in these two petitions will be given the opportunity to submit their representations and of being heard. Accordingly, it is directed that such decisions will be taken by the authorities only after giving the petitioners an opportunity of submitting their representations and of being heard. As a natural consequence, while arriving at such conclusions and taking such decisions, the official respondents mentioned above will issue a speaking order by assigning reasons in support of the decisions taken so that the petitioners, if aggrieved by the same, may approach the competent forum for redressal of their grievances. For the above purpose, the petitioners may submit their representations within 2 weeks from the date of receipt of a certified copy of this order and the authorities will decide the aforesaid issues within 2 months of receipt of such representations from the petitioners after affording hearing to them. It is also clarified that, other incidental issues which have been raised and not decided in these two petitions are left open to be decided in appropriate proceedings. 40. The petitions are disposed of accordingly, with the above observations and directions.