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VII. In the given facts of the present case, the section 21 (1) of the Act, 2021, saves the selection process initiated by advertisements dated 28.02.2019, more particularly, for the reason that the Director by its communication dated 26.05.2022, clarified that those candidates who applied and appeared pursuant to the advertisement dated 28.02.2019, can also participate in the subsequent selection process, without making a fresh application and thus by this communication, for all meaning and purport, the earlier selection process is revived to its currency. Therefore, the writ petitions are required to be allowed by directing the respondents in the Elementary Education Department to declare the result of the written test held pursuant to the advertisement dated 28.02.2019 and to proceed further and complete the selection process as the selection process initiated by advertisement dated 28.02.2019 is saved by virtue of such provision.

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10. Per contra, Mr. D Saikia, learned Advocate General contends:

I. The state is not under any bounden duty to continue with the selection process, nor do the candidates who participated pursuant to the selection process have any indefeasible right to compel the state authorities to continue with such a selection process. II. It is a well-settled principle of law that even after publication of a select list, it would be open to the Government, not to fill up the vacancies and cancel the selection process, for the reason that even such a successful & selected candidate does not acquire any indefeasible right to be appointed. At the same time, when in the present case, the selection process did not even reach the second stage of the selection, the petitioners cannot seek a direction to complete such a selection process. Therefore, on this count alone, the writ petitions are liable to be dismissed. In support, the decision of the Hon'ble Apex Court in Neelima Sangla Vs. State of Haryana reported in 1986 4 SCC 268 is relied upon.

III. Taking note of public interest, purity of the selection, administrative convenience of holding a fresh common selection process and saving the government exchequer, as reflected in the decisions and orders impugned, the state has taken a conscious decision to Page No.# 28/39 cancel the entire selection process. The decision not to fill up the vacancies or to cancel the selection process is bona fide for appropriate reasons, and there is no malafide intention on the part of the state. It is a bona fide exercise of power to keep the public trust in the selection process and to have complete transparency in the selection process. Therefore, such a decision cannot be said to be unreasonable or arbitrary, in the backdrop of the limited right of the petitioners. In this regard, the determination made by the Hon'ble Apex Court in Sankarasan Das Vs. Union of India and Ors reported in 1991 3 SCC 47 is placed into service.

18. Now coming to the decision on such a proposal, the record discloses that initially the Additional Secretary to the Govt. of Assam, Elementary Education Department, took note of the aforesaid proposal and proposed that the contents of allegation published in news item as regards fairness of the selection process may be investigated to confirm it. However, the Special Commissioner, Elementary Education Department based on the proposal of the Director dated 24.05.2021, proposed to complete the selection process subject to improvement of Covid 19 situation and subject to taking leave from this court and publish the result with due leave from this court, which was also approved by the Education Minister.