Bhandari, J.

1. This petition raises the question whether the petitioner has acquired a clear legal right to appointment as a Subordinate Judge in the Punjab.

2. Shri Bal Krishan Aggarwal, a law graduate of the Banaras University, appeared in the examination of candidates for appointment to the Judicial Branch of the Punjab Civil Service which was held in the year 1950 and obtained the 25th position in the order of merit. The first six candidates were selected for appointment as officiating Subordinate Judges in the regular cadre while eight of the remaining candidates, including the petitioner, were selected for appointment as Subordinate Judges on a temporary basis. In June 1954 the High Court addressed a communication to Government in which they stated that whereas the Honourable Judges were completely satisfied in regard to the character and ability of six of the temporary Subordinate Judges and could safely recommend them for appointment as officiating Subordinate Judges in the regular cadre they were unable to vouch for the character or reputation of the remaining two candidates, including the petitioner, and were unable to make a similar recommendation in their favou