Judgment

SINGH, J.:- This appeal is directed against the judgment and order of the High Court of Allahabad dated July 28, 1986 (reported in 1987 Lab IC 728) dismissing the appellants petition under Art. 226 of the Constitution challenging the order of the Commissioner, Varanasi Division dated February 13, 1980 setting aside the order of Municipal Board, Jaunpur appointing the appellant as Tax Inspector.

2. The Municipal Board, Jaunpur issued advertisement inviting applications for appointment to the post of Tax Inspector. The advertisement stated that the existing employees of the Revenue Department of the Municipal Board were eligible for consideration along with outsiders. Hari Mohan respondent No. 3 who was the seniormost Tax Collector working in the Municipal Board, Jaunpur was called for interview but he refused to appear for the interview on the plea that the post of Tax Inspector should have been exclusively filled by promotion and as he was the seniormost Tax Collector he should be promoted without considering any outsider. The Municipal Board ignored his claim and selected the appellant, and appointed him to the post of the Tax Inspector by the order dated 11-3-78. Responden