P. D Desai, C. J.— The petitioner is an employee on the establishment of the judicial courts of the Sessions Division, Solan and Sirmaur. He passed his B. A. examination with English, Political Science and Geography and M. A. examination with Geography as his subjects. He was initially appointed as Clerk in the month of March, 1981 and is presently holding the post of Reader to the Sub Judge, First Class, Kandaghat, District Solan. He stands at Serial Number 28 in the seniority list of Class III officials (Clerical grade) of Solan and Sirmaur Sessions Division.

2. A test for appointment in the higher post of Translator was held in the month of October, 1986. The petitioner had desired to appear in the test but he was informed vide letter, dated September 23, 1986, Annexure P-4, that he did not fulfil the requisite eligibility qualification, namely, graduation with Hindi as an elective subject and that, therefore, he could not be allowed to take the test. Pursuant to the test held accordingly the fourth respondent was appointed as Translator by an order, dated December 24/26, 1986, Annexure P-6, by the District & Sessions Judge, Solan and Sirmaur Districts at Nahan.

3. In the