By consent of parties appearing the appeal and the application are taken up together for hearing by treating the appeal as on day's list and are disposed of by the following order:-

By the order dated 24th September, 1996 the learned trial Judge after contidering the facts and circumstances of the case and in view of the principles laid down by the Supreme Court In the case of (1) Ashok Kumar Sharma & Anr. v. Chonder Shekhar & Anr. reported in 1993 Supp (2) SCC 611 directing that there should be fresh interview of all the candidates including the writ petitioner Shyamal Mukhopadhyay and also the candidates whose names appear in the said panel, the panel that was prepared was quashed by the learned trial Judge on the ground that the additional qualification of B. Ed. acquired by Shyamal Mukhopadhyay in the year 1990 was not recorded in the Employment Exchange Register but he produced the same before the Interview Board but the same was not taken Into consideration. In view of the provisions of Recruitment Rules regarding allotment of marks Clause 6 of the aforesaid Rules provides that no credit shall be given to the qualification other than the qualification mentioned by the