P. Mandal, J. - (1.) The writ petitioner has prayed for the relief of mandamus directing the respondent authorities particularly the respondent no.2 herein to consider appointment of the petitioner for the post of Tally Clerk in Port Management Board with effect from June 28, 1993 i.e. the date of which the private respondent viz admittedly junior to the petitioner was appointed as Tally Clerk but does not possess the essential qualification as per Recruitment Rules to the said post, certiorari directing the respondent authorities to certify and transfer all the relevant documents and files pertaining to regularization of encroachment and other reliefs,
(2.) The short fact necessary for the purpose of disposal of this writ petition is that the petitioner was initially appointed as Daily Rated Mazdoor in the office of Controller, Labour Force as per order No. 411 dated the September 09, 1987 of the Port Management Board. He was discharging duties as Tally Clerk in the Shipping Godown of the Port Management Board. He has the requisite qualification for being appointed to the post of Tally Clerk in Port Management Board such as 12th pass from a recognized Board and 3 years' experience in any Indian Port. The private respondent possesses 11th pass qualification but he was appointed as Tally Clerk on 09.06.1993 and accordingly, he reported for duty on 28.06.1993. As the case of the petitioner was not considered for appointment, the petitioner and others filed a representation to the concerned authorities in vain. Under the circumstances, the petitioner has preferred this writ petition.
(3.) The respondent authorities and the private respondent are contesting the said writ petition by filing separate affidavits -in -opposition contending inter -alia that the averments made in the petition are not correct. The private respondent was appointed to the post of Tally Clerk on the recommendation of the selection committee. He had the requisite qualification of 12th pass from a recognized Institution/Board and was having 3 years' experience at the time of promotion. The application is not maintainable in the eye of law and is liable to be dismissed in limine. The private respondent along with others participated in the selection process by appearing in the written test and after being successful, the private respondent was appointed to the post of Tally Clerk on 09.06.1993, so, the petition should be dismissed.;