Dalveer Bhandari, J. - (1.)LEAVE granted.
(2.)THIS appeal is directed against the judgment of the Division Bench of the High Court of Orissa at Cuttack in Original Jurisdiction Case No. 8819 of 1999.
Brief facts of the case are as follows: Respondent Bikash Kuanar's father was working as an Extra Development Delivery Agent (for short, 'EDDA') in Narangochha B.O. and, on his superannuation a vacancy arose in the said post. The respondent herein had applied for the said post. In the process of selection, the respondent was selected and posted vide order dated 2.7.1998. Pursuant to the said order, the respondent joined the service. The respondent, to his utter surprise and astonishment, on 2.1.1999 received a letter, wherein it was stated that the selection vis-a-vis the appointment of the respondent was reviewed and, thereafter, his appointment had been cancelled.

The respondent, aggrieved by the said order dated 2.1.1999, filed an application before the Central Administrative Tribunal. A counter affidavit was filed by the appellants before the Tribunal. It was stated in the counter affidavit that an open advertisement was issued and in response to the same, the respondent herein and two other candidates, namely, Pitamber Majhi and Seshadeba had applied for the said post. One Pitamber Majhi secured 348 marks in the matriculation examination as against 298 marks secured by the respondent.

(3.)ACCORDING to the appellants, both these candidates Pitamber Majhi and Seshadeba were wrongly rejected on wholly untenable grounds, therefore, the higher authority in the department had reviewed the case of the appointment of the respondent and opined that the appointment of the respondent to the said post was illegal and, consequently, cancelled the same. This, of course, was done after taking into consideration the representation of the respondent.
The Central Administrative Tribunal dismissed the respondent's application and thereafter the respondent preferred a writ petition before the High Court, which was decided by the Division Bench of the High Court of Orissa.