ORDER

Delay in filing rejoinder affidavit is condoned.

2. This appeal is directed by grant of special leave against the judgment of the Division Bench of Jammu and Kashmir High Court at Srinagar in Letter Patent Appeal No. 14/1987. The dispute relates to the advertisement that was issued for filling up of the posts of Junior Research Assistants and Surveyor. On 20th October, 1981, the Divisional Recruitment Board issued the advertisement for filling up of the aforesaid 3 posts, which are included in Category-A of the post under the Fisheries Department, as is apparent from Schedule-A to the Fisheries (Subordinate) Service Recruitment Rules, 1979 (hereinafter referred to as the "Recruitment Rules"). A bare look at the advertisement itself clearly demonstrates that the recruitment was for direct recruitment and not for promotion. Question of issuing any advertisement would not arise in case of promotion. The case of all eligible candidates would be considered by the departmental promotion committee. The appellant, who was also in service, and was serving at that point of time as Supervisor in the lower cadre was also an applicant, pursuance to the advertisement issued. But being unsucc