D.G.R.PATNAIK, J. - (1.) PETITIONER in this writ application has prayed for issuance of a direction commanding upon the respondents to issue appointment letters on the post of IVth Grade to the petitioner and to keep one vacancy reserved for the petitioner in the said post.
(2.) THE petitioner's case in brief is that pursuant to an advertisement (Annexure -1), issued by the respondents inviting applications for appointment on the post of Grade IV, the petitioner had also applied and was given admit -card and he had appeared at the Tests. Later, he was called upon to submit the requisite documents. In compliance with the directions, he has submitted all the requisite certificates including the certificates concerning his academic qualifications. The grievance of the petitioner is that in spite of possessing of the requisite qualifications for his selection, he was denied appointment on the ground that he possesses higher qualification than what was required in the advertisement. Learned Counsel explains that the purported bar in respect of higher qualifications was subsequently lifted pursuant to an order passed by the Patna High Court in a writ petition. Thereafter, the candidates possessing Graduate Degree were given the employment. The petitioner had filed his representation for considering his case on the ground that since the bar in respect of higher qualification has been lifted and since candidates possessing higher qualification including Graduates have been appointed, the petitioner's case should also be considered. But the petitioner's representation dated 9.7.2007 has not been disposed of as yet by the respondents.
(3.) COUNTER affidavit has been filed on behalf of the respondents, wherein, it has not been disputed that pursuant to the orders of the Patna High Court in the aforesaid writ application, the bar in respect of higher qualification has been lifted, though however, prior to the lifting of the bar the vacant posts are filled up by appointment of candidates, who were earlier selected. It is also explained that though appointment was given to some of the candidates possessing Graduate degree, but it was on consideration of the fact that they were working since long on Daily Wage basis.;