M.H.S. Ansari, J. - (1.) Prior to the filing of the writ application in question, there had been earlier writ petitions filed by the petitioner herein as also by respondent No. 7 herein. The writ application filed by the appellant herein which gave rise to the instant appeal questioned the selection of respondent No. 7 for the post of 'Assistant Teacher in Political Science' in Tulin Jai-Siaram High (H.S.) School, Tulin, P.S. Jhalda, Dist. Purulia.
(2.) By the order under appeal dated 3.4.1998, the Learned Single Judge held that as the selection process commenced when the 1993 rules were inforce, the rules of 1993 would govern the matter and not the 1995 recruitment rules which came into effect from 1st December, 1995. It was also held by the Learned Single Judge that respondent No. 7 though not regular Honours Degree candidate and such degree having been obtained by him by the 'Condensed Honours Course' run by the Ranchi University, the certificate issued by the Controller of Examination, Ranchi University to the effect that the examination held in 1987 the respondent No. 7 had appeared as Regular Honours Candidate and, therefore, he will be considered as a regular honours candidate as per rules of the University. Lastly, it was held that even if the respondent No. 7's appointment is set aside, the petitioner being the third empanelled candidate can have no right to the post in question and thus by the impugned selection, no legal right of the writ petitioner has been impaired.
(3.) The above findings and conclusions arrived at by the order under appeal of the Learned Single Judge have been assailed in the instant appeal.;