( 1 ) THIS is an appeal against an order passed by Banerjee, J. on the 16th February, 1966 for a Rule summarily, on the ground that the respondent appeared to be a Government company which is neither the Government nor a statutory body and so, not amenable to the writ jurisdiction. The learned Judge relied on his own judgment in Prafulla Kumar Sen v. Calcutta State Transport Corporation, AIR 1963 Cal 116 and refused to issue a Rule and dismissed the application. Before us, on the 19th of December, 1966 learned Advocate for all parties agreed that it would merely protract matters if we sent the case back to the court below for issuing a rule, but the more desirable course would be to allow the parties to file affidavits and then decide the matter on the merits. This was done, and we have heard the matter on the merits. The facts which have emerged are as follows: In the application, there were three petitioners, who are now the appellants before us. The respondent is the Mining and Allied Machinery Corporation Limited, Durgapur. In 1962 the Heavy Engineering Corporation Ltd. a Government company, in its coal Mining Machinery project started recruiting candidates with a