JUDGMENT - B.H. MARLAPALLE, J.:---The petitioner before us is seeking direction for his appointment to the post of Principal of the Goa Pharmacy College and expugning adverse remarks recorded in his Annual Confidential Reports and consequently confirmed, for the academic year 1996-97. The brief facts leading to this petition may be stated as under:

After obtaining his Bachelor's Degree in Pharmacy in 1967 the petitioner completed his Master's Degree in Pharmacy in 1971 and came to be appointed initially as Demonstrator with effect from 5-7-1967 on temporary basis and he was regularised in the said post on 15-7-1969. On his obtaining the Master's Degree in Pharmacy, he was appointed as a Lecturer on ad hoc basis with effect from 12-11-973 and he came to be regularised in the said post in July, 1981. He was also a teacher for the Post graduate classes and was taken as an Examiner under the Bombay University. However, in the year 1986, it appears that respondent No. 5 who was then Officiating Principal, orally informed him that he would not be an Examiner for sometime. The Affiliation Committee of the University which visited sometime in the year 1986, submitted a report which resulted in the reversion of the petitioner by order dated 24-6-1987 to the post of lecturer. It needs to be noted at this stage that sometime in 1984 itself, the petitioner was appointed to the post of Professor on ad hoc basis. He, therefore, filed Writ Petition No. 113/1987, challenging his reversion from the post of Professor ad hoc. This petition was allowed by Order dated 24-8-1993 with a direction either to regularise the petitioner or to fill up the said post of Professor by direct recruitment. The Government of Goa framed Recruitment Rules in 1988 for the post of Professor as well as Principal and in the meanwhile, the petitioner obtained his Ph.D. Degree. His examinership came to be restored in January, 1990. On 15-9-1992, an advertisement was released for appointment to the post of Principal by direct recruitment. The petitioner was one of the candidates who was interviewed. However, the present respondent No. 5 challenged the said advertisement in Writ Petition No. 15/93. Directions were issued by this Court to fill up the post of Principal by direct recruitment and accordingly, the petition filed by respondent No. 5 came to be disposed of . Consequently, respondent No. 5 came to be regularised in the post of Principal in 1994 retrospectively from 1981. The petitioner came to be appointed to the post of Professor on regular basis on 19-5-1995 and in that capacity, he was also the Head of the Department. Respondent No. 5 retired from the post of Principal on 31-1-1997 and, therefore, on 14.2.1997, an advertisement was released for appointment to the post by the Goa Public Service Commission (hereinafter referred to as "the Commission"). Interviews were held for the said post and this advertisement was released on the basis of the Recruitment Rules which were amended with effect from 16-1-1997. As a result of the interview process, the Commission by its communication dated 18-6-1997 informed the petitioner that his name has been recommended to the State Government by the Commission for appointment to the post of Principal. While the Government decision was awaited, the petitioner was served with adverse remarks in his Annual Confidential Reports ("ACRs" for short) by communication dated 4-7-1997 for the year 1996-97 which were replied by him on 10-7-1997. By order dated 5.8.97, the Government rejected the recommendations of the Commission regarding selection of the petitioner for the post of Principal and, therefore, the petitioner approached this Court.

2. During the pendency of this petition, the petitioner had also submitted a representation against the ACRs and the said representation came to be decided by respondent No. 2 vide his order dated 14-4-1998. As per the said order, the ACRs were confirmed. The petitioner, accordingly, amended the

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