In the case of a conflict between a general rule and a special rule, the special rule will prevail.

Sankar Prasad Mitra J.

This is an appeal from a judgment of Mr. Justice R.M. Datta delivered on the 22nd June, 1976 on an application under Article 226 of the Constitution.

2. The respondent was a Grade I Clerk in the Eastern Railway in the scale of l30-300(A.S). On the 19th October, 1973 an office order was issued appointing the respondent to officiate as Law Assistant in the scale of 305-425 (A.S). In this office order it was specifically stated that the arrangements made were of a temporary nature subject to replacement on availability of panel candidates. It was further stated that the rights conferred by this office order would not entitle the persons concerned to claim promotions in future in supersession of their seniors.

3. Our attention has been drawn to a circular dated the 20th January, 1915, which the Chief Personnel Officer had issued intimating that an examination would be held for the pand of Law Assistants.

4. On July 20, 1975 the respondent appeared at the written examination for the panel of Law Assistants.

5. On February 2, 1976 a list was published giving the names of persons including the petitioner who had been successful in the written test. These persons were asked to appear at the viva voce test on the dates fixed. So far as the respondent is concerned, he was to appear on the 19th February, 1976. The respondent did appear on the 19th February 1976 at the viva voce test but failed.

6. On the 10th May, 1976 the respondent moved an application to this court under Article 226 of the Constitution and obtained a Rule, the respondents' principal contention is that the Selection Board which held the two examinations aforesaid had not been validly constituted.

7. We ought to mention, in this connection, that two days before the respondent appeared at the viva voce test, i.e, on the 7th February, 1976 one Amiya Chattopadhaya moved an application under Article 226 challenging the validity of the Selection Board. The respondent says that he had no knowledge of this application. In Amiya Chattopadhay's application Mr. Justice A.N. Sen passed an order that a panel could be formed by the railway authorities but that would be a provisional panel subject to the result of the application which Amiya Chattopadhaya had made the provisional panel was announced on the 29th April, 1976.

8. Mr. Justice R.M. Datta the learned trial Judge is of the opinion that the Selection Hoard was not properly constituted and has made the Rule absolute.

9. Before we come to the constitution of the Selection Board, there are a few infirmities in this application which have to be dealt with.

10. Rule 19 of the Rules of this Court relating to applications under Article 226 of the Constitution provided :-

All petitions for a writ in the nature of Mandamus shall contain a statement as to whether a demand for justice has been made and specify the particulars of such demand including the date and service thereof. A copy of such demand. Were the demand is in writing, shall be set out in the annexure to the petition.

11. The above provision in our Rules can be supported by numerous judicial decisions. For instance, in Amrit Lal Berry v. Collector of Central Excise, Central Revenue & Ors., AIR 1975 SC 2060 that demand for justice and its refusal must procede the filing of a petition asking for a direction or a writ of Mandamus. The same principle was reiterated in a recent decision of this court in the Statesman v. The Fact Finding Committee & Ors. AIR 1975 Cal. 14. In the instant case, so far as this aspect of the matter is concerned the relevant paragraph is paragraph 27 of the petition. It is averred :-

Your petitioner states that your petitioner went personally to Sri Amal Roychowdhury, S.CC. (Claim) Eastern Railway, the member of the selection board and Sri R.N. Mukherjee, Law Officer, Eastern Railway, Chairman of the selection board and handed over a copy of the circular praying inter alia that in view of the said 18th Months' circular which is a