JUDGMENT :

G.T. Nanavati, C.J. - The petitioner is serving as a Junior Clerk-cwm-Cashier in Baitarani Gramya Bank, oppt. party No. 1. On 26-3- 1987 the Bank issued a circular informing ail concerned that it wanted to till up 24 posts of Field Supervisor by internal promotion from among the eligible Junior Clerk-cum -Cashiers. The promotions were to be given on the basis of appraisal of performance of the eligible candidates and result of the viva voce test. Those clerks who had put in six years' service were to be considered as eligible for promotion. For appraisal of the performance, 70 marks and for viva voce test 30 marks were allotted. It appears that in the Board's meeting which was held on 25-5- 1987 it was decided that the minimum eligible marks shall be 40%, i.e., 28 out of 70 marks, allotted for appraisal of the performance. The appraisal was to be done for the years 1986 and 1987. The petitioner, as it now appears, secured 49 marks out of 70, but in the viva voce test, he secured 11 marks. As the petitioner did not get the minimum 12 marks out of 30 at the interview, he was not promoted whereas those who secured minimum or more than the minimum marks came to be promoted by