JUDGMENT

MISRA, J.:— This bunch of appeals is directed against a common judgment and order of the Patna High Court dated 8th September, 1975 (reported 1976 (1) Serv LR 407) allowing three petitions under Art. 226 of the Constitution, in part.

2. The material facts to bring out the points for consideration in these appeals lie in a narrow compass. The Public Works Department in Bihar had a very small mechanical organisation. In 1962, however, it undertook the execution of a World Bank Project. In that connection a number of mechanical overseers were needed. As the project had to be executed on an emergency basis within a short time and there being dearth of qualified overseers, persons who were working only as sub-overseers or persons who had appeared at the diploma examination in engineering, but had not passed the same, were appointed against the sanctioned posts on a provisional basis. There were some others who were also appointed as mechanical overseers on temporary basis in the World Bank Project, a wing of the Public Works Department, after appearing before a selection committee duly constituted according to R. 1, Appendix II of the Bihar Public Works Department Code, 1st Edn.