( 1 ) HEARD the learned Advocates appearing for the parties.

( 2 ) THE appeal and application both are taken up for hearing.

( 3 ) CHALLENGING the judgment and order dated 26th August, 2005 passed by the learned Trial Judge in W. P. No. 10016 (W) of 2001 this application has been preferred. The writ application was dismissed and all interim orders were vacated. The appellant/writ petitioner moved the writ application praying the following relief:-

" (a) For that the writ of or in the nature of mandamus commanding the respondent Nos. 6 and 7. The Secretary and the headmaster of Nabapally J. C. S. High School, Post Office-Gantla, police Station-Kandi, District-Murshidabad, to allow the petitioner to appear before the Selection Committee prepared for appointment to the post of Peon of the said High School along with the other candidates sponsored by the Employment Exchange concerned, as and when the interview will be held for the said post of Peon on 05. 08. 2000 or so soon thereafter; (b) For a writ of or in the nature of certiorari calling upon the respondents to certify and produce or cause to produce to the registrar, Appellate Side of the Hon'ble Court, all the papers,