( 1 ) IN this application under Article 226 of the Constitution the petitioner prays for the issue of a writ of certiorari for quashing a resolution dated 4th April 1963 of the Standing Committee of the Municipal Council, Bhopal, and the order dated 24th April 1963 made by the Municipal Council pursuant to that resolution reverting the petitioner from the Post of Octroi Superintendent to the post of octroi Inspector.

( 2 ) THE applicant was first appointed to officiate as "octroi Superintendent by an order made toy the President of the Municipal Board on 15th February 1960. On 28th February 1961 the President passed an order confirming the applicant's appointment as Superintendent, Octroi. Thereafter, the petitioner continued to hold the post of Octroi Superintendent on a permanent basis in the pay-scale of rs. 175-25-300 besides allowances. It appears that the respondent No. 4 Anwarul haque, a bead-clerk in the Municipal Council, filed a representation to the government against the appointment of the petitioner as Octroi Superintendent contending that the petitioner's appointment by the President was illegal and that he was entitled to be appointed to the post. When this representation was taken up for consideration, correspondence was exchanged between the Government and the Municipal Council, the Government taking the stand that the post of Octroi superintendent was a post falling within the term "an Assessment or Revenue officer" used in Section 55 (1) of the Bhopal State Municipalities Act, 1955 (hereinafter referred to as the Act) and as such the prior approval of the government to the appointment of the petitioner to that post was necessary and as no such approval was obtained, the petitioner's appointment as Octroi superintendent was illegal; and further that respondent No. 4 Anwarul Haque was qualified for being appointed as Octroi Superintendent. On the other hand, the municipal Council took up the position that an Octroi Superintendent was neither an Assessment nor a Revenue Officer within the meaning of those expressions used in Section 55 (1); that there was already a Revenue Officer for the Municipal council and, therefore, the Government's approval to the appointment of the petitioner as Octroi Superintendent was not necessary; and that under Section 48 (e) of the Act all residuary duties, powers and functions of the Municipal Board had been vested in the President and he was, therefore, competent to make the petitioner's appointment as Octroi Superintendent. Ultimately, on 5th September 1962 the Government addressed a letter to the Chief Municipal Officer of the municipal Council, Bhopal, adhering to the interpretation put by it on Section 55 (1) and adding that the matter of the appointment of a person to the post of octroi Superintendent should be reviewed by the Municipal Council and the claim for promotion of the respondent Anwarul Haque should also be considered by the municipal Council and that proposals for the appointment of a suit able person to the post should be sent to the Government through the Collector, Sehore, and the commissioner, Bhopal.

( 3 ) AFTER the receipt of this communication, the Standing Committee of the municipal Council passed a resolution on 4th April 1963 appointing Anwarul Haque as Superintendent, Octroi, and reverting the petitioner to the post of Inspector, octroi, which he occupied before he was appointed by the President's order dated 15th February 1960 to officiate as Octroi Superintendent. On 22nd April 1963 the petitioner was informed by the Chief Municipal Officer of the resolution passed by the Standing Committee on 4th April 1963. On 23rd April 1963 the President of the Standing Committee passed a formal order implementing the resolution dated 4th April 1963 of the Standing Committee. On 24th April 1963 the Chief Municipal Officer of the Municipal Council passed an order appointing the respondent No. 4 anwarul Haque as Superintendent, Octroi, and reverting