JUDGMENT

S.B. Sinha, J. — Leave granted.

2. Oil Palm India Limited is a Government Company (for short, ‘the Company). The Union of India and the State of Kerala are its shareholders. It is indisputably a ‘State’ within the meaning of Article 12 of the Constitution of India. Appellant herein was appointed as a worker in the services of the Company in the year 1982. 12 posts of Watchman/Messenger/Attender fell vacant. Recruitment to the said post is not governed by any statutory rules. Admittedly, all the workmen who were in service of the Company were to be considered therefor. Applications having been invited for filling up of the said 12 posts, 253 persons applied therefor. A written test was conducted on 18.01.2001. Appellant herein stood first in the written examination. The said written examination was conducted by the Kerala State Productivity Council in terms of the resolution of the Board of Directors of the Company dated 13.06.2000. It is not in dispute that the written test was conducted for eliminating those who had failed to secure the minimum qualifying marks in the written test. It has also not been disputed that out of 253 applicants, only 197 appeared therein.