STATE OF ASSAM AND ANOTHER Vs. ALL ASSAM SECONDARY ADDITIONAL (CONTRACTUAL)TEACHERS ASSOCIATION AND OTHERS

JUDGEMENT

(1.) AND ORDER (Oral) - Heard Mr. D. Saikia, learned Senior Additional Advocate General Assam assisted by Mr. N. Sarma, learned Standing Counsel, Education (Secondary) Department, appearing for the review petitioners. We have also heard Mr. P.K. Goswami, learned senior counsel assisted by Mr. B. P. Borah, learned counsel appearing on behalf of respondent No. 1 as well as Ms. D. Borgohain, learned counsel, representing the respondent Nos.3, 4, 7, 8, 14, 23, 24 and 35. None appears for the other respondents.

(2.) By filing this Petition, the State of Assam is before us seeking review of the order dated 04.04.2016 passed by this Court in Writ Appeal No. 360/2014 dismissing the appeal as having been rendered infructuous. Since the Review Petition has been keenly contested, hence, a brief recital of the factual background of the case is deemed necessary.

(3.) In the year 2010, the Government of Assam in the Education Department had decided to engage additional teachers in the core subjects of English, Social Science, Mathematics and General Science in the Secondary Schools in Assam under a scheme viz. "Scheme to Strengthen and Improve the Quality of Secondary Education in Assam" (for short "the Scheme"). The additional teachers were to be appointed on contractual basis for 11 months except in BTAD areas, North Cachar Hills and Karbi Anglong Districts. Accordingly, a Notification dated 10.06.2010 was issued paving the way for making such contractual appointments wherein it was motioned that the teachers so engaged shall have no claim for regular appointment against any of the vacancies existing in the school.