D.D. SETH, J. : This is a petition under Article 226 of the Constitution. The opposite party No. 2 in the petition was the Administrator, Municipal Board. By an order passed on an application made by the petitioner the name of the Administrator was removed from the array of opposite parties and in his place Nagar Mahapalika, Allahabad through the Mukhya Nagar Adhikari Allahabad was substituted.

2. The facts, in brief, according to the petition, are that on 2nd May 1956 an advertisement was published in the local papers of Allahabad inviting applications from trained M, As. or M. Scs. for the post of Superintendent of Education in the then Municipal Board of Allahabad. In response to the advertisement ninety applications were received and 38 persons were called for interview who were all post graduates and either held the degree of L.T. or B.T. or held Acting Teachers Certificate. Out of the 38 persons called for interview only 21 persons appeared before the interview Board and one of those 21 persons was Sri Ishwar Saran opposite party No. 3 to the petition. The Interview Board decided to appoint Sri Ishwar Saran in preference to other candidates and the appointment was dut