S. B. Sinha, S. Hoda, JJ.

1. In this application the petitioner has prayed for issuance of an order dated 4th December, 1991 whereby his appointment along with other persons, has been cancelled with immediate effect on the ground that the same was illegal Allegedly applications were called for appointment of class III and class IV posts on purely temporary basis. The petitioner applied for appointment in pursuance of the aforementioned advertisement He was thereafter asked to appear before the selection committee. Whereafter the petitioners name was recommended and by an order dated 9th December, 1989 he was appointed on provisional basis in class III in the post of clerk in project Girls High Schools, Sanjhauli in the district of Rohtas, Sasaram.

2. The petitioner was asked to show cause by a letter dated 27th september, 1991 as to why appointment of the petitioner by the District education Officer should not be held to be illegal on the following grounds :

" (a) That the appointment of the petitioner was not made against the post of clerk in terms of the guidelines of the personnel and Administrative Reforms Department of the State of bihar, without any advertisement in t