JUDGMENT

JASWANT SINGH, J. :—This appeal by certificate granted by the High Court of Judicature at Patna under Art. 133 (1) (a) and (b) of the Constitution is directed against the judgment and order dated May 13, 1969 of that court whereby Civil Writ Petition No. 460 of 1968 filed by respondents 3 to 28 herein was allowed, Notification no. SS/A1-103/68/2676/EB dated June 24, 1968 issued by the Bihar State Electricity Board, respondent No. 2, appointing the appellant as officiating temporary Executive Engineer (Tele-Communication), Tele-Communication Division, Patna, was quashed and a writ of mandamus commanding respondent No. 2 to fill up the post of the Executive Engineer (Tele-Communication) after considering the case of respondents 3 to 28 and specially of respondents 3 and 4 along with the case of the appellant or with the case of any other Assistant Engineer whose case in the opinion of the Board may be fit to be considered in the light of the said judgment was issued.

2. The circumstances giving rise to this appeal lie in a short compass. It appears that the appellant who passed the final examination of Bachelor of Science (Engineering) in Tele-Communication of the Ranchi Univ