JUDGMENT : ROBIN PHUKAN, J. Heard Mr. K.K. Mahanta, learned Senior Counsel, assisted by Mr. K.M. Mahanta, learned counsel for the petitioners and opposite party No. 1 – 87 in the connected interlocutory application. Also heard Mr. P. Nayak, learned standing counsel for the respondents/applicants in the Sarba Siksha Abhiyan Mission Assam (SSA) and Mr. B. Kaushik, learned standing counsel for the respondents/opposite party in the Elementary Education Department. 2. In this petition, under Article 226 of the Constitution of India, 87 numbers of petitioners have prayed for setting aside and quashing the notice dated 19.07.2022, and also for issuing direction to the respondent authorities to publish a fresh notification taking into account the vacancies reserved by this Court, vide judgment and order dated 19.07.2021, passed in writ appeal, being WA No. 69/2021, and to allow the petitioners to participate in the recruitment process. 3. It is also to be noted here that the respondent No.4 has also filed one interlocutory application, being I.A. (Civil) No. 1127/2025, for granting permission to declare the result, and therefore, Mr. Nayak, learned standing counsel for the SSA has contended to allow the respondent No. 4 to declare the result. 4. And as agreed upon and as the writ petition as well the interlocutory application relates to the same subject matter, this Court is inclined to dispose of both the petitions by this common judgment and order. 5. The background facts, leading to filing of the present petition, are briefly stated as under: “The petitioners belong to different villages in the districts of Kamrup(M), Darrang, Barpeta, Goalpara, Dhubri, Nagaon, Jorhat, Cachar, Hailakandi, Udalguri, Barpeta, Nalbari, Dibrugarh, Golaghat, Hojai, Morigaon, Karbi Anglong etc. of Assam and they belong to various categories like General, Other Backward Classes, Scheduled Caste, Economically Weaker Section of the society. They have qualified Central Teachers’ Eligibility Test (‘CTET’, for short) and possess all other requisite qualifications for being appointed as Assistant Teachers (Contractual) in the Lower Primary and Upper Primary Schools of Assam. of Assam and they belong to various categories like General, Other Backward Classes, Scheduled Caste, Economically Weaker Section of the society. They have qualified Central Teachers’ Eligibility Test (‘CTET’, for short) and possess all other requisite qualifications for being appointed as Assistant Teachers (Contractual) in the Lower Primary and Upper Primary Schools of Assam. The Mission Director, Axom Sarba Siksha Abhiyan Mission/respondent No. 4 published an advertisement dated 24.09.2020 (Annexure-1) in the newspapers inviting online applications from intending eligible candidates for filling up of 2966 posts of Assistant Teachers in Lower Primary Schools and 548 posts of Assistant Teachers (Social Science) in Upper Primary Schools and 239 posts of Assistant Teachers (Maths and Science) in Upper Primary Schools on contractual basis in the State of Assam, and the date for submission of online application was from 10:00 a.m. of 27.09.2020 to midnight of 11.10.2020. In the said advertisement dated 24.09.2020, one of the eligibility criteria laid down for the posts of Assistant Teachers (Contractual) LP/UP schools of Assam was that all the candidates shall possess the Assam Teachers’ Eligibility Test (‘Assam-TET’, for short) Certificate, meaning thereby all candidates applying for the abovementioned advertisement must be Assam-TET qualified and thereby, denied all the CTET qualified candidates from participating in the aforementioned selection process. Because of the aforesaid stipulation in the advertisement dated 24.09.2020, the petitioners had preferred a batch of writ petitions before this Court asking for a direction to allow them to participate in the recruitment process and to consider their case for selection and appointment as Assistant Teachers in LP/UP Schools of Assam. Thereafter, this Court on 08.10.2020, after hearing both the parties, was pleased to allow the petitioners to submit their application forms (offline) at the Office of the Mission Director, Axom Sarba Siksha Abhiyan Mission at Kahilipara, by 5:00 p.m. on 12.10.2020 and thereafter, they had submitted the same. Thereafter, another set of writ petitioners had challenged the advertisement dated 11.09.2020, issued by the Director, Elementary Education and both the batch of writ petitions were disposed of, by a co- ordinate Bench of this Court, vide common judgment and order dated 18.12.2020, in WP(C) No. 4174/2020 and other connected writ petitions, and dismissed the whole batch of writ petitions. Thereafter, another set of writ petitioners had challenged the advertisement dated 11.09.2020, issued by the Director, Elementary Education and both the batch of writ petitions were disposed of, by a co- ordinate Bench of this Court, vide common judgment and order dated 18.12.2020, in WP(C) No. 4174/2020 and other connected writ petitions, and dismissed the whole batch of writ petitions. Being aggrieved, a batch of candidates challenging the advertisement dated 11.09.2020, preferred one writ appeal, being WA No.24/2021, challenging the judgment and order dated 18.12.2020, and prayed for allowing CTET qualified candidates of Assam to participate in the recruitment process, started vide advertisement dated 11.09.2020. Thereafter, the said writ appeal was disposed of, vide judgment and order dated 03.02.2021, by setting aside the judgment and order dated 18.12.2020, with the following observation: “ 53. There can be no doubt about the fact that the ultimate beneficiary of this recruitment process would be the large number of children who may suffer if there is undue delay in appointment of teachers. We are also conscious of the fact that there are 3941 vacancies advertised by the department and the total number of writ petitioners who had approached this court is 916. We make it very clear that all these 916 candidates shall be considered against the existing 3941 vacancies. But, even if their candidature is ultimately accepted, all the writ petitioners including the present appellants can at best fill up 916 vacancies and no further. Although, there are only 50 appellants before us who have assailed the impugned judgement and order dated 18.12.2020 passed by the learned Single Judge, yet, since the impugned judgement has been set aside and in order to avoid future litigations on the same issue, we deem it appropriate to grant similar relief to the appellants as the other writ petitioners who are not before us but are similarly situated. 54. Considering the facts and circumstances of the case in its entirety and balancing the equities, we direct that the recruitment process initiated by the department on the basis of advertisement dated 11.09.2020 be now processed in two phases. In the first phase, appointment orders for filling up 3025 out of 3941 vacancies may be issued from amongst State TET qualified candidates. In the first phase, appointment orders for filling up 3025 out of 3941 vacancies may be issued from amongst State TET qualified candidates. The appointment orders in respect of the remaining 916 vacancies be issued to the eligible candidates in the second phase after considering the candidatures of the 916 writ petitioners which includes the present appellants, who are Central TET qualified candidates. It is, however, made clear that the appointment of the writ petitioners/appellants would be subject to the condition that appellants have the State TET qualification and other guidelines prescribed by NCTE and they fulfil all eligibility norms prescribed by the advertisement notice dated 11.09.2020, including necessary proficiency in the required language.” It is the pleaded case of the petitioners that the Division Bench of this Court while passing the judgment and order dated 03.02.2021, which was subsequently corrected, vide order dated 12.02.2021, in I.A.(Civil) No. 258/2021, the breakup of the candidates, who had applied for pursuant to another advertisement issued by the Director, Elementary Education (DEE) and also the candidates, who had applied for the posts of contractual Teachers, under the Sarba Siksha Abhiyan Mission (SSA), is DEE-581 and SSA-335. Thereafter, another batch of candidates filed an appeal challenging the common judgment and order of the learned Single Judge, being WA No. 69/2021, and similar relief was granted to those batch of writ appellants also, vide judgment and order dated 19.07.2021. The State respondents being dissatisfied, preferred an appeal before Hon’ble Supreme Court, being SLP (Civil) No. 9032-9033/2021, and after hearing both sides, Hon’ble Supreme Court was pleased to dismiss the SLP, vide judgment and order dated 03.09.2021. However, even after dismissal of the SLP (Civil) preferred by the State respondents, they did not comply with the direction issued by the Division Bench of this Court and also by the Hon’ble Supreme Court. Thereafter, the petitioners had initiated a contempt proceeding, being Cont.Cas(C) No. 20/2022, and the same was closed, vide order dated 26.07.2022, on the assurance of complying with the order of this Court. Thereafter, the petitioners had initiated a contempt proceeding, being Cont.Cas(C) No. 20/2022, and the same was closed, vide order dated 26.07.2022, on the assurance of complying with the order of this Court. Thereafter, by issuing notice dated 19.07.2021, applications were invited through the official website of Axom Sarba Siksha Abhiyan Mission, only from the writ petitioners involved in the concerned writ petitions i.e. WA No. 69/2021, WA No. 24/2021 and I.A.(Civil) No. 258/2021, who fulfil all other eligibility criteria for filling up of the posts of Assistant Teacher (Contractual) of Lower Primary and Upper Primary Schools, under the Axom Sarba Siksha Abhiyan Mission pursuant to the advertisement dated 24.09.2020. In the said notification, the number of vacant posts were being shown as 1346 and there, the State respondents wilfully had not shown the General Category posts for the reason best known to them, and even after elapse of sufficient opportunities and even after direction of the Division Bench of this Court for 916 posts for the writ petitioners, who are CTET qualified, they had put a blind eye to such direction and deprived the right of the petitioners from getting employment as enshrined under Article 14 of the Constitution of India. It is also the pleaded case of the petitioners that after the order being passed by the Division Bench of this Court directing the State respondents to reserve 916 posts for the petitioners, who had approached earlier before this Court, the respondent authorities whimsically and in total disregard to the authority of the Court, issued a notification dated 19.07.2022, allowing only candidates who participated in the recruitment process as per advertisement and deprived the petitioners whose right had already been violated and on such count, the action of the respondents is arbitrary and illegal and liable to be interfered with.” 6. The respondent No. 4 has filed its affidavit-in-opposition, wherein it is stated that in terms of the judgment and order dated 19.07.2021, passed in WA No. 69/2021 and the judgment and order dated 03.02.2021, passed in WA No. 24/2021, out of the advertised 2966 (LP), 548 (UP-Social Science) and 239 (UP- Maths and Science) vacancies pursuant to the advertisement dated 24.09.2020, 1153 (LP), 135 (UP-Social Science) and 70 (UP-Maths and Science) unfilled vacancies are to be filled up by the eligible candidates in the second phase from amongst the present writ petitioners, including the writ appellants and who are CTET qualified candidates and who applied in terms of the earlier interim order dated 08.10.2020, passed in WP(C) No. 4174/2020. Thereafter, advertisement dated 19.07.2022, was prepared indicating the remaining unfilled vacancies showing category wise reservations, places of vacancies etc. and most importantly, clarifying that such applications are invited only from amongst those CTET qualified candidates, who are writ petitioners/appellants before this Court and who are interested for selection and appointment fulfilling other eligibility criteria and other qualifications in the guidelines, and that once the applications are received from the CTET qualified writ petitioners, their merits will be examined by considering their positions vis-à-vis the already applied Assam-TET qualified candidates for filling up the 1143 (LP), 135 (UP-Social Science) and 68 (UP-Maths and Science) remaining vacancies. 6.1. It is also stated that after the dismissal order, dated 18.12.2020, the Axom Sarba Siksha Abhiyan proceeded with the recruitment process and filled up 2395 vacant posts of Assistant Teachers (Contractual) in both LP and UP Schools out of 3753 advertised posts and the entire exercise was completed well before the pronouncement of the judgment and order dated 19.07.2021, in WA No.69/2021. 7. The petitioners have filed their affidavit-in-reply to the affidavit-in- opposition filed by the respondent No. 4, denying the statements and averments made in the aforementioned affidavit. 8. 7. The petitioners have filed their affidavit-in-reply to the affidavit-in- opposition filed by the respondent No. 4, denying the statements and averments made in the aforementioned affidavit. 8. Thereafter, the respondent No. 4 has filed an additional affidavit on 29.05.2024, wherein it is stated that in the original advertisement dated 24.09.2020, the SSA authorities sought applications for 2966 posts for LP section, 548 posts for UP (Social Science) section and 239 posts for UP (Maths and Science) section and as per the statement, out of the 2966 posts for LP, 1153 numbers of posts remained unfilled; out of 548 posts for UP (Social Science), 135 number of posts remained unfilled and out of the 239 posts for UP (Maths and Science), 70 numbers of posts remained unfilled, and till the order being passed in WA No. 69/2021, 2395 posts in the month of February, 2021 had already been filled up. Further, in terms of the judgment and order dated 19.07.2021, passed in WA No. 69/2021 and judgment and order dated 03.02.2021, passed in WA No. 24/2021, out of the advertised 2966 (LP), 548 (UP- Social Science) and 239 (UP-Maths and Science) vacancies, vide advertisement dated 24.09.2020, 1153 (LP), 135 (UP-Social Science) and 70 (UP-Maths and Science) unfilled vacancies are to be filled up by the eligible candidates in the second phase from amongst the writ petitioners, including the writ appellants, numbering 916 in total, and who are CTET qualified candidates and who had applied in terms of the earlier order(s) of this Court. 8.1. However, as clarified by this Court, the selection of writ petitioners/appellants would be subject to the condition that they have other qualifications prescribed in the guidelines issued by NCTE and they have to fulfil all eligibility norms prescribed in the earlier advertisement dated 24.09.2020, which includes necessary proficiency in the required language, and accordingly, appointment of the writ petitioners/appellants has to be considered only after examining their eligibility and merit amongst all eligible candidates, who are Assam-TET qualified candidates and have already applied in terms of the said advertisement dated 24.09.2020, and that eligible candidates include the original applicants who are Assam-TET qualified candidates and also the CTET qualified candidates who were petitioners before this Court and who have applied in terms of the advertisement dated 24.09.2020. 8.2. 8.2. It is also stated that now total 1346 numbers of posts remained unfilled after the first phase, and that the appointment of the writ petitioners/appellants should be subject to the condition that they have the State TET qualification and other guidelines prescribed by NCTE and fulfil all eligibility norms prescribed by the advertisement dated 11.09.2020, including necessary proficiency in the required language. 8.3. It is further stated that pursuant to the notice dated 19.07.2022, total 221 numbers of online applications had been received and the same are under process to prepare the select list in terms of the judgment and order dated 19.07.2021, passed in WA No. 69/2021, and the judgment and order dated 03.02.2021, passed in WA No. 24/2021, read with order dated 12.02.2021, in I.A. (Civil) No. 258/2021, filed in WA No. 24/2021, and during the process of the applications, it was found that out of total 87 numbers of the present writ petitioners, a total of 47 numbers of writ petitioners had submitted their online applications, whereas 40 numbers of writ petitioners had not submitted their online applications pursuant to the notice dated 19.07.2022. 9. Mr. Mahanta, learned Senior Counsel for the petitioners submits that the State respondents have no other option, but to comply with the order of the Division Bench of this Court in WA No. 24/2021 and WA No. 69/2021, and pursuant to order dated 08.10.2020, some of the petitioners have filed offline applications as they could not apply online since vacancies for the General category were not available in the concerned districts and as per Division Bench order, 916 posts are to be filled up in the second phase and the State respondents are bound to appoint the present petitioners, and if the posts are not available in the category to which they belong, then in view of the judgment and order passed by a Coordinate Bench of this Court, dated 08.08.2023, in WP(C) No. 7600/2022, the State respondents have to carry out the exercise for de-reservation of the posts for the present petitioners with a stipulation that later on such de-reservation should be adjusted in subsequent recruitment process. 9.1. Mr. 9.1. Mr. Mahanta further submits that as observed by the learned Single Judge, in WP(C) No. 7600/2022, if de-reservation cannot be carried out, then the respondent authorities may offer appointment to the petitioners after consideration of their position in the select list and for those petitioners, whose posts are above the candidates should have been offered appointment, the last of such candidates, who make way for appointment for the petitioners, and under such circumstances, Mr. Mahanta has contended to allow this petition by granting similar relief as granted to the petitioners in WP(C) No. 7600/2022, vide judgment and order dated 08.08.2023, by a Coordinate Bench of this Court. 10. On the other hand, Mr. Nayak, learned standing counsel for the respondents in the SSA submits that in respect of contractual vacancies, de- reservation is not possible and the said option is available only to the candidates who had applied for under the Government as per the advertisement issued by the DEE. Further, Mr. Nayak, referring to the additional affidavit, submits that out of 87 petitioners, total 47 have submitted online application and participated in the selection process and only 40 numbers of writ petitioners have not submitted their application pursuant to notice dated 19.07.2022, and that they cannot be appointed directly and should be subject to the condition that they have the State TET qualification and other guidelines prescribed by NCTE and fulfil all eligibility norms prescribed by the advertisement dated 11.09.2020, including necessary proficiency in the required language, and only then their appointment may be considered. Mr. Nayak, further submits that the Government has already completed the process and results are ready to be declared and the SSA has filed one interlocutory application, being I.A. (Civil) No. 1127/2025, for granting permission to declare the result, and therefore, Mr. Nayak has contended to allow the respondent No. 4 to declare the result. 11. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record, and perused the judgment and order passed by a Division Bench of this Court, dated 03.02.2021, in WA No. 24/2021; the judgment and order dated 19.07.2021, in WA No. 69/2021, and also perused the judgment and order passed by a Coordinate Bench of this Court, dated 08.08.2023, in WP(C) No.7600/2022. 12. 12. It appears that the basic facts herein this case are not in dispute. The petitioners are CTET qualified candidates and they belong to various districts of Assam. Further, it appears that there is a clear direction of a Division Bench of this Court in WA No. 24/2021; the judgment and order dated 19.07.2021, in WA No. 69/2021, that appointment order in respect of 916 vacancies be issued in second phase after considering the case of the 916 writ petitioners. And some of the petitioners have filed online application and some have filed off-line application pursuant to the employment Notice of respondent No.4. 13. It is also to be noted here that a Co-ordinate Bench of this Court while disposing of WP(C) No. 7600/2022, in paragraph Nos. 19 and 20, has observed as under: “ 19. In view of the aforesaid discussions and the background facts and circumstances, this Court is of the opinion that a case for interference is made out. This Court therefore issues the following directions which would serve the interest of justice and also the equities can be balanced. 20. The State would have the option to carry out an exercise for de-reserving the numbers of post in which the present petitioners and the respondent nos. 3 to 7 are required to be considered in accordance with the earlier direction of the Hon’ble Division Bench in the judgment and order dated 03.02.2021 with a stipulation that such de- reservation would be later on adjusted in subsequent recruitment processes. The said exercise, if decided to be undertaken, is to be completed within a period of 3 (three) months from today. If the aforesaid option is unviable, or not able to be complied with by the State, the respondent authorities are directed to offer appointments to the petitioners after consideration of their position in the select list and for those petitioners including the respondent nos. 3 to 7 whose positions are above any candidates who have been offered the appointment, the last of such candidates should make way for the appointment of the petitioners. The aforesaid exercise however is to be done by issuing a notice to the affected candidate and appointments have to be offered to the petitioners strictly based on their position in the select list prepared in pursuance to the initial advertisement dated 11.09.2020. The aforesaid exercise however is to be done by issuing a notice to the affected candidate and appointments have to be offered to the petitioners strictly based on their position in the select list prepared in pursuance to the initial advertisement dated 11.09.2020. The entire process is to be completed within a period of 3 months as the recruitment process was initiated in the year 2020 itself.” 14. Taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is satisfied to hold that the petitioners have succeeded in making out a case for interference of this Court. The respondent authorities have no discretion to disobey the mandate of a Division Bench of this Court in WA No. 24/2021 and the judgment and order dated 19.07.2021, passed in WA No. 69/2021. Accordingly, this Court is inclined to dispose of this writ petition by granting similar relief to petitioners of this writ petition, which was granted to the petitioners of WP(C) No. 7600/2022, vide judgment and order dated 08.08.2023. 15. Subject to fulfilment of all other conditions regarding their suitability, the petitioners, who are CTET qualified and who have applied for in both online and off-line mode, the respondent No.4 shall offer appointment to the petitioners as per mandate of the Division Bench of this Court in WA No. 24/2021 and the judgment and order dated 19.07.2021, passed in WA No. 69/2021. The respondent authority shall carry out the process of de-reservation, if post for candidates in general category or any other category is not available. And if such process is not viable then the respondent authorities shall offer appointments to the petitioners as per their position in the select list as provided in paragraph No. 20 of the order dated 08.08.2023 in in WP(C) No. 7600/2022. 16. The entire exercise, so mentioned in paragraph No. 20 of the said writ petition has to be carried out within a period of two months from the date of receipt of certified copy of this judgment and order. The petitioners are directed to obtain a certified copy of this judgment and order and place the same before the respondent authorities within a period of one week from today. 17. The petitioners are directed to obtain a certified copy of this judgment and order and place the same before the respondent authorities within a period of one week from today. 17. On completion of the aforementioned exercise within the period stipulated above (in para No. 16), the respondent No. 4 herein is allowed to publish the result of the recruitment process. 18. In terms of above, this writ petition and the I.A.(Civil) No. 1127/2025 stand disposed of.