JUDGMENT

Pattanaik, J.-Leave granted.

2. These appeals by special leave are directed against the order of the Orissa Administrative Tribunal dated 21st September, 1995 in Original Application No. 2252/93 and batch.

3. The appellants filed applications before the Tribunal alleging therein that though they were empanelled in the list prepared for appointment to the post of Sepoy in the 6th Battalion on 9th February, 1993 (hereinafter referred to as the Second List ) and even though vacancies existed but only 16 candidates out of the said List were provisionally appointed on 30th March, 1993 and no further appointment was made. It was the case of the appellants that the List in question having been duly made and vacancies in rank of Sepoys being there the decision of the authority to provisionally appoint only 16 persons and not to others is arbitrary and there has been a hostile discrimination between those who have favoured with provisional appointment and the appellants. Be it be stated that even prior to the preparation of the Second List an advertisement had been issued sometimes in March, 1992 inviting applications for recruitment to the post of Sepoy in the 6th Battalion and in a