1. - This special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 before us, is brought against the judgment of a learned Single Judge dated March 27, 1973 in a writ petition relating to the fixation of the respondent Gajraj Mehta in the higher grade as Male Nurse-cum-Componder.

2. The facts lie in a narrow compass and have been set out with clarity in the judgment of the learned Single Judge. We may briefly recapitulate such of them as are necessary for the disposal of the appeal.

3. Gajraj Mehta entered the service of the former Jodhpur State on 3rd November 1944 as a Male Nurse. After the merger of the former Jodhpur State with the new State of Rajasthan a cadre of Male Nurse cum-Compo-under Grade I was created in 1951. The entry into that cadre was, however, allowed only to those Male Nurses cum-Compounder who passed the matriculation examination and the B.P.N.A. or its equivalent examination and further who were employed in a class I hospital. We will be referring to that notification in the later part of our judgment. So far as the factual aspect is concerned the petitioner was non-matriculate when he first entered the service of the former Jodhpur