Hariah Tandon, J.

1. A short point involved in this writ petition, is whether the candidature, who is sponsored under the Exempted Category as Scheduled Caste Sub-Category, should be placed under the General Sub-Category of the said category if he obtained higher marks than the last successful candidate under the General Sub-Category of the Exempted Category. The concerned Employment Exchange was not treating the petitioner under the Sub-Category of Scheduled Caste of the Exempted Category which constrained the petitioner to move before this Court by filing a writ petition being W.P. No. 13255(W) of 2007 and the same was disposed of by directing the concerned Employment Exchange to sponsor the name of the petitioner under the Exempted Category (SC) to the concerned District Primary School-Council.

2. In compliance of the said order, the sponsorship was made under the said category and the petitioner was allowed to submit his bio-data and/or testimonial.

3. The name of the petitioner was not included in the panel of the successful candidates.

4. The petitioner prayed for an order of appointment in this writ petition. Initially the writ petition was founded on the allegation that