Judgment :

HARJIT SINGH BEDI, J.

1. Delay condoned.

2. Leave granted.

3. This appeal by way of special leave has been filed by the Union of India and the State Trading Corporation impugning the judgment of the Division Bench of the High Court of Delhi dated 18th May 2009 whereby the judgment of the Single Judge dated 9th January 2009 has been set aside and a direction has been issued that the case of the respondent for appointment as Director Marketing in the State Trading Corporation be re-considered in the manner indicated therein. The facts of the case are as under:

4. The respondent Bhaskarendu Datta Majumdar joined the services of the State Trading Corporation (hereinafter called "Corporation") in April 2001 as Executive Secretary to the Chairman-cum-Managing Director of the Corporation and was on the relevant date working as Chief General Manager. A post of Director (Marketing) having fallen vacant, the respondent applied for the post on the 27th December 2005. Interviews were held on 4th March 2006 by the Public Enterprises Selection Board (PESB for short) and two candidates were shortlisted, the respondent being at serial No.1, and one Neeraj Mishra at serial No.2 in order o