14. In the first affidavit filed on 18.06.2015, the Director of Elementary Education, Assam stated that at a belated stage, the claim of the petitioners after more than 12 years cannot be considered for their appointment on the basis of said select list dated 12.03.2001. In the said affidavit, the Director also submitted that the appointments to the post of Teachers in Elementary Schools are required to be made by following the provisions of statutory Act and Rules, namely, the Assam Elementary Education (Provincialisation) Act, 1974 and the Assam Elementary Education (Provincialisation) Rules, 1977 and that Rule 3 (b) of the said 1977 Rules stipulates the method of recruitment through issuance of advertisement, interview, preparation and publication of select list in order of merit, whereas the petitioners herein were not selected pursuant to the said 1977 Rules. The Director further contended that Rule 3 of the said 1977 Rules provides that the validity of the list shall not be extended beyond 1 (one) year from the date of publication and even if the select list claimed by the petitioners is treated to be genuine, then also the said select list dated 12.03.2001 lost its validity in the year 2002.
