( 1 ) THIS is a special appeal against an order of Jagdish Sahai, J. , rejecting the appellants petition under Article 226 of the Constitution. The facts which, led to the filing of that petition, as alleged by the petitioner in his affidavit, were these:

( 2 ) THE petitioner was appointed a clerk in the office of the Director of Education, Uttar Pradesh, in 1936, In 1948 he was sent on deputation to the Secretariat in a superior scale, but was reverted in due course. In 1953 the Director of Education selected several persons for the posts of incharge and Assistant In-charge. The petitioner was considered for this post and was called for interview, but he was not selected. He made enquiries and was informed that he had not been selected because the departmental selection committee had not considered him fit for the post. In 1957 another vacancy occurred and the petitioner pressed his claim, but his representation or application was rejected. Aggrieved by the decision of the Government he filed a petition in this Court under Article 226 of the Constitution. The learned Judge rejected it on the ground that it was misconceived. He observed that the posts of Incharge and Assi