The petitioner, Dr, C.M. Srivastava, is a member of the Bihar Health Service and is currently employed as a Tutor in the Patna Dental College. He has filed this application under Articles 226 and 227 of the Constitution for issue of an appropriate writ to quash the appointment of Dr. Hajendra Ram (respondent no. 5), another member of the Bihar Health Service, to the post of a Lecturer in the same college. He has further prayed that certain ORDER :s of the State Government rejecting the representations made by the petitioner in connection with his claim to the same post should be quashed and a mandamus should issue directing the State of Bihar (respondent no. 1) in the Department of Health to make the appointment in accordance with law.

2. At the time when the present writ application was filed, namely on the 19th April, 1968, respondent no. 5 was holding the post of a Lecturer in the said college on an officiating basis, in a leave vacancy, by virtue of an ORDER :of the State Government dated the 25th January, 1968, a copy of which is Annexure “9” to the writ application. But subsequent to the filing of the writ application, the State Government issued another notificatio