( 1 ) HEARD the learned counsel for the parties.

( 2 ) THE respondent No. 5-Jaysinh Samat- bhai Parmar Arts and Commerce College, kodinar, had advertised for recruitment one post of Lecturer in Sociology. The defendant- petitioner and plaintiff-respondent No. 1 and many others had applied for the said post in response to the aforesaid advertisement of the college. The defendant-petitioner has been selected for the post by selection committee and his name has been placed at No. 1 in the merit list. The proceedings of the selection committee of the selection made for the post of Lecturer in Sociology were sent to saurashtra University for its approval. The plaintiff-respondent No. 1 filed a suit on 23rd september, 1992 challenging the selection proceedings of the selection committee for making selection on the post of Lecturer in Sociology. The defendant-petitioner was not joined as a party at the initial stage in the suit by the plaintiff-respondent No. 1. The plaintiff-respondent No. 1 filed an application Ex. 5 for grant of ad-interim relief against respondent no. 3 not to approve the name of defendant- petitioner for the post of Lecturer in Sociology. After hear