In appeal the view expressed by the learned single Judge was reiterated and the appeal stood dismissed.
A learned single Judge of the High Court following the decision of the same Court in Shivsingh v. State of M. P., 1988 1 MPWN 24 held that in the absence of any statutory rule requiring waiting list to lapse beyond prescribed limit, the action of the appellant is arbitrary and on that basis gave a direction to companysider the case of the respondent for appointment as per law declared In the said decision.
The respondent who remained without being appointed filed a writ petition before the High Court.
Out of a panel of 38 selected persons only 22 persons were appointed.
Pursuant to an advertisement issued by the appellant, respondent was selected to the post of Testing Assistant Grade II Operator .
Hence, this appeal by special leave.
The matter was carried in appeal.
