1980 INSC 0215
           Director of Printing Stationery and Publication in Mysore, Bangalore and Another

                                                           Vs

                                                H. M. Mruthyunjaya

                                          Civil Appeal No. 622 of 1973

                           (N. L. Untwali, E. S. Venkataramiah, P. N. Shinghal JJ)

                                                      30.04.1980

                                                        ORDER

1. Heard learned counsel for the parties. On appreciating the entire facts and circumstances of the
case we are satisfied that the respondent was a local candidate within the meaning of clause (b) of
Rule 2 of the Mysore State Civil Services (Recruitment of Local Candidates to Class III Posts)
Rules, 1966. This fact was clearly pleaded by the respondent in his writ petition. It was not denied
by the State in its counter. The High Court in the impugned judgment has clearly stated that the
respondent continued in the post of Foreman as a local candidate since 1963. We are satisfied that
this statement of fact in the judgment of the High Court on the material placed before it was correct.
An attempt was made before us to go to the past history of the respondent on which reliance was not
placed in the counter. We did not permit the learned counsel to go to that history. On the footing that
the respondent was a local candidate within the meaning of the Rules aforesaid the High Court was
right in directing the Government to extent the benefit of the said Rules to him. We find no merit in
this appeal. It is accordingly dismissed.

2. There will be no order as to costs.

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