Being aggrieved and dissatisfied with order dated 30.09.2013 passed in W.P.(S) No. 3302 of 2009, the appellant has preferred this Letters Patent Appeal.

2. The brief facts of the case are that, an advertisement was issued vide Advertisement No. 01/2004 inviting application for appointment on the post of constable, pursuant to which the appellant participated in the selection process by appearing in the written examination and though, he obtained 80 % marks in General Studies Paper, he was not selected as he was declared fail in the Regional Language Paper. In these facts, the appellant was constrained to approach this Court by filing W.P.(S) No. 3302 of 2009.

3. The learned counsel appearing for the appellant has raised three-fold contentions namely;––

(i) There was no mandatory requirement under Clause 8 (kha) of the Advertisement No. 01/2004 for qualifying in the Regional Language Test. It is only reflected in the said Clause that the persons having knowledge of the regional language would be given preference in appointment,

(ii) Circular dated 12.11.2001 governing the selection process in Advertisement No. 01/2004 does not indicate that there would be an examination in regio