R.M.Doshit, J.

1. Feeling aggrieved by the common judgment and order dated 3rd August, 2010 passed by the learned Single Judge, in so far as CWJC No. 709 of 2007 has been allowed, the respondent no. 5 (hereinafter referred to as "the appellant") has preferred this Appeal under Clause 10 of the Letters Patent. Respondent No. 5 is the writ petitioner.

2. Pursuant to the advertisement published by the respondent Rajendra Agricultual University (hereinafter referred to as "the University"), the appellant applied for appointment to the post of Junior Scientist-cum-Assistant Professor in Agriculture Statistics as an Extremely Backward Class candidate. Out of the three posts advertised the post was reserved for Extremely Backward Class candidate. After due recruitment process, the appellant was selected and aopointed as Junior Scientist- cum-Assistar:t Professor in Agriculture Statistics on 20 in November, 2006. Feeling aggrieved by the selection of the appellant the writ petitioner filed above CWJC No. 709 of 2007 to challenge the selection and appointment of the appellant.

3. According to the writ petitioner, the appellant did not belong to the Extremely Backward Class as claim