( 1 ) THIS is an application under Article 226 of the Constitution. The petitioner was a Mistry instructor (Carpentry) of the Murshidabad Institute of Technology, Berhampore, West Bengal. His complaint is that his services were wrongly terminated. He challenges the order of termination dated the 31st July, 1959. That order of the 31st July, 1959 stated:"i am directed to inform you that it has been decided to terminate your service in the post to which you were appointed on a temporary basis, I do hereby give you one month's notice for the termination of your service. This notice will take effect from the 1st August, 1959. "the petitioner obtained this Rule on the 17th September, 1959.

( 2 ) THREE main obstacles stand in the way of any relief being granted to the petitioner in this case.

( 3 ) THE first obstacle is that the petitioner's letter of appointment shows that he was appointed on "purely temporary basis". The letter dated the 3rd September, 1957- communicated to the petitioner is the letter of appointment and is in the following terms: "you are hereby offered the post of Mistry instructor (Carpentry) of Murshidabad Institute of Technology on pay of Rs.