Judgment

S. Saghir Ahmad, J.-Whether “judi­cial obstinacy” can be treated as a form of “bias” is the question which we intend to answer in these appeals. As the answer depends upon the peculiar facts involved in these cases, they are being examined in a little detail.

2. Leave granted in the Special Leave Petition.

3. These two appeals are directed against the judgment dated 21st July, 1992 passed by a Division Bench of the Calcutta High Court comprising of Mr. Justice Ajit Kumar Sengupta and Mr. Justice Shyamlal Kumar Sen.

4. Promotion to the posts of Inspector of Minimum Wages, Inspector of Trade Unions, other Inspectors. Investigators, Supervisors, etc. constituting the West Bengal Subordinate Labour Service, is regulated by Rules made under Article 309 of the Con­stitution which were first notified on 25.9.1973 and again on 1.8.1988 with certain modifica­tions. It was provided in the Rules that fifty per cent of these posts shall be filled up by direct recruitment on the basis of the results of the West Bengal Miscellaneous Service Recruitment Examination and the remaining fifty per cent by promotion. Originally, under the 1973 notification, the eligibility for promotion was rest