- (1.)The petitioner who was already in service since four years has been reverted to appoint an equally unqualified person in his place. It cannot be disputed that both the petitioner and Mr. Maratha belonged to the same class. No reasons are given for reverting the petitioner and appointing Mr. Maratha though, no doubt, the petitioner was also unqualified and his services were liable to be terminated when a qualified person was made available. But the question is whether his temporary services can be terminated by bringing in another temporary servant who belongs to the same class. In my opinion, Belliappa's Cast {Supra) is a clear answer that such selection is arbitrary and violates right guaranteed under Article 16 of the Constitution.
Rule made absalute.