MOHANTI, J.

( 1 ) IN this writ petition under Article 226 of the Constitution the validity of the appointment of Dr. Sri-krushna Sahu (opposite party No. 3) as the Second medical Officer of the Bhu-baneswar Notified Area Council is under challenge.

( 2 ) THE relevant facts are these : the Notified Area Council by its Resolution No. 29 dated 31-10-1964 (Annexure a/1) decided to create the post of a Second Medical Officer and advertised the same on 1-8-1965 (An-nexure A/3 ). Opposite Party No. 3 was temporarily appointed to the post and he joined on 31-8-1965. On 23-7-1971 he applied to the Notified Area Council for study leave to undergo the condensed M. B. B. S. course (vide Annexure E/3 ). On 24-7-1971 the N. A. C. moved the State Government for necessary instructions regarding the nature and period of leave to be admissible to opposite party No. 3 and for posting of a substitute in his place (vide Annexure H/3 ). On 31-7-1971 the N. A. C. by its resolution No. 6 decided to relieve the opposite party No. 3 and to settle the nature of leave and the terms and conditions thereof later according to the directions of Government (vide Annexure G/3 ). On 12-8-1971 Government by their l