S.K. Sen, C. J. - (1.) HEARD Sri Ravindra Singh learned counsel for the appellant and Sri Ran Vijay Singh, learned Standing Counsel for the respondents.
(2.) THIS Special Appeal is directed against the order dated 24.2.1997 dismissing the writ petition of the appellant. The appellant- writ petitioner had applied for under the provisions of Dying in Harness Rules and claimed appointment on the post of Consolidator. His father was working as Consolidation Officer (Class II Gazetted Officer) being higher in rank to that of consolidator. However, the appellant moved a writ petition challenging the act of the State Government in appointing him as a clerk and claiming that he is entitled to be appointed as a Consolidator under the rule itself. It is the contention of the appellant that he is eligible to be appointed as Consolidator having requisite qualification but he has been denied of the same and on the other-hand, the persons who have lesser qualification than the appellant and also applied later on were given appointment on the post of Consolidator. The learned Single Judge, rejected the case of the appellant- writ petitioner on the ground that his case could not be substantiated. However, the appellant - writ petitioner has produced necessary record and relevant documents by way of filing a supplementary affidavit wherein he has mentioned that the post of Consolidator was filled up, subsequently under the provision of Dying in Harness Rules from amongst the candidates who had lesser qualification than the appellant. We are of the view that such act on the part of the State Government amounts to discrimination, arbitrariness and violative of Article -14 of the Constitution of India. In our view, the learned Single Judge did not correctly assess the position and dismissed the writ petition. We are of the view that the appellant-writ petitioner should be given appointment on the post of consolidator in the event such post is available. The order dated 24.2.1997 passed by the learned Single Judge is set aside. The Special Appeal and Writ petition are allowed with the aforesaid directions and observations.;