S.N. Jha, J.

This Letters Patent Appeal is directed against the judgment of a learned Single Judge of this Court in CWJC No. 7285 of 1990. By the impugned judgment the learned Single Judge has allowed the writ petition of respondent-Sunil Kumar Dwivedi and directed the Commandant, Central Industrial Security Force (CISF, in short), Vishakhapattanam to accept his joining on the post of Constable pursuant to the order of provisional appointment dated 20.3.90. The relevant facts are as follows:

2. On 19.3.90 pursuant to advertisement inviting applications from eligible candidates for recruitment of Constables issued by the Commandant, CISF, Vishakhapattanam, test for selection of suitable candidates was held at district police parade ground, Dharwad in the State of Karnataka. A select list was prepared and the selected candidates were issued provisional appointment letters on 20.3.90, asking them to report to the Assistant Commandant, CISF Unit, ISRO, Bangalore on 25.5.90. The respondent who was placed at Sl. no. 15 in the said list was also issued provisional appointment letter. His appointment, however, was subject to being found fit after "a re-check of measurement". On 26.3.