P. D. Desai, C. J.—The learned Single Judge has made the following observations in the judgment under appeals: — "The petitioner, though initially had challenged the vires of the Rules found at annexure-J concerning the recruitment to the post of Consolidation Officer, at the time of hearing of the petition, restricted his attack only to the order on promotion of respondents No. 4 to 6 made under such Rules. The only ground on which the order was attacked was that the promotion of respondents No. 4 to 6 had been made without considering the claim of the petitioner who admittedly fell in the filed of choice for promotion to such posts.” (Underlining supplied)

2. The learned Single Judge examined the validity of the ground with reference to the original official record and having found the same to be wholly without substance rejected the writ petition. The decision is unassailable on this point.

3. The learned Counsel for the appellant (original petitioner) seeks to raise before us a best of other grounds and, in fact, challenges the statement made in the judgment under appeal to the effect that initially a challenge to vires of the recruitment rules was levelled but the only g