Ravi S.Dhavan, J.

1. This Letters Patent Appeal has been filed against the judgment dated 7th December, 1995 on CWJC No. 284 of 1985; Shyam Sunder Prasad Sinha V/s. Bihar State Pollution Control Board and Ors.

2. The issue plainly is on the aspect whether the petitioner-appellant Shyam Sundre Prasad Sinha has been wrongly denied his position as a Routine Clerk. According to the judgment which has been challenged his function as a Routine Clerk has been frustrated as the promotion of respondent No. 4 has been permitted over and above the petitioner-appellant.

3. It is on record that the petitioner-appellant was asked to look after the work of Routine Clerk from 13-11 -1980.

4. The short background is necessary. The petitioner is not the senior-most. The senior-most is respondent No. 4. The exclusion of respondent No. 4 and preferring the petitioner to look after the work of a Routine Clerk is itself an answer. The respondent No. 4 was not possessed of qualifications to discharge the function of a Routine Clerk. In effect, the management was itself making an election and selection both, by eliminating the senior-most as he was not possessed of qualifications and, thus, select