P. C. NAIK, J.

( 1 ) IN this petition under Articles 226 and 227 of the Constitution of India, the petitioner prays for issuance of an appropriate writ, direction or order quashing the order allotting a 24 hours medical store in the campus of the Upgraded Primary Health Centre, Khariar in favour of Opposite Party No. 2.

( 2 ) IT is the case of the petitioner that an advertisement was published in the issue of daily 'samaj' dated 5-7-1994 inviting applications from unemployed Pharmacists (Gents and Ladies) and persons having medical shops for opening day and night medical shops in the campus of headquarters hospital and Community Health Centres (for short, 'c. H. Cs') in the district of Nuapada. The applications were to be addressed to the Chief District Medical Officer, Nuapada. According to the petitioner, he runs a medical shop but he did not submit any application for the day and night Drug Store as the advertisement related to allotment of shops in the district headquarters and C. H. Cs whereas at Khariar there was only an Upgraded Primary Health Centre (hereinafter referred to as 'ugphc' ). It is alleged that he was under a bona fide impression that the application was not m