Amitava Lala, J. - (1.) It appears to this court that the petitioner invoked the writ jurisdiction for the purpose of obtaining a final order for publication of results in a selection process in which he was interviewed and stood first. According to him, the participation of the interview was made on the basis of an interim order passed by the court on 29.10.99 in a different writ petition. The interim order was passed allowing the petitioner to participate in the interview along with other eligible sponsored candidates in the recruitment process provided, of course, that the petitioner must fulfil all other eligibilities as regards education and age and/or any other things. The court was made clear that in the event the petitioner succeeds in the selection best then their appointment should not be given until the decision of the appeal pending before the Hon'ble Division Bench. therefore, it appears that the order, in effect, final order but could not have been passed due to pendency of the appeal. Admittedly, no appeal is pending now. All the matters either before the Division Bench or before the Supreme Court are over.
(2.) A technical point arose before this court since the petitioner has attended the interview not being forwarded by the Employment Exchange whether his service can be regularised or not. It is an admitted position that the petitioner was in continuous service of concerned Gram Panchayat and that was the basis of the bench of this court where the order was passed on 29.10.99 for the purpose of participation in the interview.
(3.) Both the parties have cited several judgments to come to a final conclusion in this respect.;