JUDGMENT

 This appeal by special leave arises from the judgment of the Division Bench of the High Court of Orissa at Cuttack in OJC No. 428 of 1983, dated February 28, 1986.

2. The State Government in G.O. No. 15882-H, dated April 19, 1979 created a post of Asstt. Professor in Cardiology in S.C.B. Medical College Hospital at Cuttack. Dr. Urmila Kumari Swain, who was an Assistant Professor in Paediatrics, was appointed by transfer as Assistant Professor of Cardiology by Order dated November 9,1979. Dr. S.L.Bajoria challenged the validity of the said appointment by a separate writ petition filed in that regard.However, the Government since withdrew the said appointment itself, the writ petition came to be dismissed. subsequently, when Dr. Mruthyunjaya Satpathy was apoinrted as Assistant Professor, Cardiology on February3, 1983, that appointment also came to be challenged by Dr. Bajoria in the writ petition out of which the present appeal has arisen. Dr. Bajoria impleaded therein Dr. Satpathy as respondentNo,2 and the State as respondent No. 1. The relief sought in that writ petition was for quashing the appointment of Dr. Mruthyunjaya Satpathy and for issuing a direction to the State