JUDGMENT

S.N. Variava, J.-Leave granted

2. Heard parties.

3. This Appeal is against a Judgment dated 4th July, 2000.

4. Briefly stated the facts are as follows:

The Respondents had issued an advertisement in the newspaper for filling up vacancies in various categories of services in Schools run by them. The Appellants had applied for the posts pursuant to the said advertisement. They had appeared in written test as well as personality test. A panel was then prepared. Appellants No. 1, 3 and 4 were empanelled. Appellant No. 2 was not empanelled at all.

5. As appointment letters were not issued to the Appellants they filed a Writ Petition in the Calcutta High Court which was allowed by a single Judge by Order dated 22nd December, 1999. However, in Appeal the Division Bench has, by the impugned order dated 4th July, 2000, set aside the Order of the single Judge and dismissed the Writ Petition on the ground that the vacancies which had been advertised were tentative. The Division Bench has held that there were no vacancies and, therefore, no direction could be issued for filling up the vacancies.

6. Appellant No. 2 was not empanelled and, as such, has no right to make any claim to be appoi