( 1 ) W h e t h e r appointment by Government of a welfare State or its instrumentality or department against regular vacancies on fixed salary for limited period, its continuance for two to three years and then termination amounts to exploitation under Article 23 of the Constitution ; whether the appointing authority can appoint deliberately against rules and claim that the appointee having been appointed illegally has no right and is not entitled to approach the High court under Article 226 ; whether such appointments which are contrary to rules and are made under political pressure or for other reasons which means extraneous consideration can lead to tortuous liability of the appointing authority are some of the questions of far-reaching importance that have been raised by the petitioner who has been helpless victim of such illegal action.

( 2 ) THE petitioner an unemployed youth of the weaker section of the society was appointed on 7. 8. 1996 against one of six sanctioned posts of clerks in Mandi Pariashad, Kanpur. It would be better to quote the letter dated 7. 8. 1996 as it gives in detail the number of vacancies, the procedure followed by the officers in appo