ORDER

1. The appellant filed the writ petition before the High Court of Bombay challenging the preparation of seniority list dated 22-5-1979 of Sub-Inspectors of Prohibition and Excise framed by the Government of Maharashtra. From 1977 onwards the seniority list was prepared on the basis of the length of continuous officiation in the cadre concerned. The appellant, however, relied upon the Rules framed for the departmental examination of persons appointed to the clerical and non-gazetted executive services of the Prohibition and Excise Department in the State of Maharashtra and dated 3-1-1962.

2. Under the said Rules, every person appointed to the clerical and non-gazetted executive services of the Prohibition and Excise Department was required to take the prescribed departmental examination under the Rules unless he was exempted from taking the examination. The Rules require that the candidate must pass the departmental examination within a period of 3 years from the date of his appointment. In case of failure to pass the examination within the said period, he was liable to be removed from the department. No candidate would be allowed to appear again in the examination after the e