Barin Ghosh and Samarendra Pratap Singh JJ.

1. The appellant was engaged by the Respondent Board as a Correspondence Clerk. Subsequently he was shifted to the post of Reception Officer for six months. Though the post of Reception Officer appears to be a sanctioned post but no rules have been framed for supplying the vacancy to the said post. The appellant continued to serve on the said post even after expiry of the period of six months for which he had initially been brought on to the said post.

2. Subsequent thereto an employment notice dated 7.8.1998 was published. The said notice invited applications from existing employees of the Board to fill up the said post. The said advertisement prescribed such qualification, which the petitioner-appellant had. While prescribing the qualification, as it appears, an attempt was made so as to ensure that the appellant alone is selected ultimately to the said post.

3. This employment notice was responded by the appellant and two others. The applications were put before the Selection Committee, who scrutinised them in accordance with the criteria mentioned in the notice. Except the appellant no other applicant was found eligible to app