( 1. ) THE appellant being aggrieved by Order dated 4. 3. 2008 passed in w. P. No. 23798/2003 (OA. No. 927/1997) and W. P. (S) No. 1119/2005 has come to this Court with a submission that the learned single Judge was absolutely unjustified in holding that the appellant could not be considered higher in merits in comparison to the original petitioner/respondent no. 1 and others.

( 2. ) UNDISPUTEDLY the respondent no. 1/original petitioner is senior to the present appellant. When their cases for promotion to the post of Joint Director, Fisheries were under consideration a departmental promotion committee was required to consider their cases. The committee consisted of Mr. M. M. Hussain, Member, public Service Commission, Shri Prem Prakash Mathur, Secretary, Department of Fisheries, Shri V. L. Shitole, Director, Fisheries Department and Shri A. K. Jain, Under Secretary, State of Madhya Pradesh, Department of Fisheries. It is to be seen that the said committee met on 6. 7. 1996. It is also to be seen that an earlier committee consisting of Shri MM. Hussain, Member, Madhya Pradesh public Service Commissioner, Shri Sirjjiyas Minj, Secretary, Fisheries Department, shri V. L. Shitole