JUDGMENT

A.K. Patnaik, J.

1. This is an appeal by special leave under Article 136 of the Constitution against the order dated 03.02.2005 of the Division Bench of the Andhra Pradesh High Court dismissing Writ Petition No. 8072 of 2004 filed by the Appellant.

2. The facts very briefly are that the Appellant, a general candidate not belonging to any reserved category, took the Civil Services Examination, 1998 conducted by the Union Public Service Commission and he secured 95th rank and was appointed to the IPS and was allocated to the Manipur-Tripura Joint Cadre on 27.10.1999. Respondent No. 4, who as an OBC candidate, also took the Civil Services Examination, 1998 and secured 133rd rank and was appointed to the IPS and was allocated to the Andhra Pradesh Cadre on 27.07.1999. The Appellant filed O.A. No. 155 of 2001 before the Central Administrative Tribunal, Hyderabad Bench, contending that instead of Respondent No. 4 he should have been allocated to the Andhra Pradesh Cadre and that the allocation of Respondent No. 4 to the Andhra Pradesh Cadre was bad in law, unjust and unsustainable. The Appellant prayed for a direction from the Tribunal to the Respondent No. 1 to allocate him to the