S.K. Gupta, J. - (1.) This appeal has been preferred against the judgment passed by the learned Single Judge of this Court on 19th January, 2006 in W. P. No. 17680 (W) of 2001.
(2.) It is the case of the appellants that the writ petitioner filed the said writ petition under Article 226 of the Constitution of India with a prayer for issuance of a writ in the nature of mandamus commanding the respondent authority to allow the writ petitioner to appear in the interview for recruitment to a Group 'C' post of Egra Municipality. The writ petitioner claimed in his writ petition that he was working in the Egra Municipality on ad hoc basis. In the year 2001, the respondent authority decided to fill up some posts of Group 'C' category of Egra Municipality and consequently called for the names from the concerned employment exchange. Accordingly, the employment exchange sponsored the names of eligible candidates to the said municipality. The writ petitioner, who is already working on ad hoc basis in the said municipality, approached the authority by filing application with a prayer to allow him to appear in the interview along with the sponsored candidates. But the municipal authority refused to accept such request, as made by the writ petitioner. As such, the writ petitioner approached the writ court by filing writ petition being W. P. No. 17680 (W) of 2001 challenging the order of refusal of the municipal authority. Initially the prayer was to the effect to allow him to appear in the interview along with the sponsored candidates. But during the pendency of the petition, on the prayer of the writ petitioner, an interim order was passed by the learned Single Judge directing the authority concerned to allow the writ petitioner to appear in the selection process along with the sponsored candidates and it was further directed that if the writ petitioner could come out successful, then his appointment will depend upon the result of the writ petition.
(3.) On the basis of such order, the writ petitioner was allowed to appear in the selection test and as he was successful, so his name was empanelled.;