It is further stated that on 20.12.2001 the petitioner has submitted an application before the District Magistrate, Moradabad intimating that the petitioner had applied for both the post of Junior clerk/typist as well as Stenographer making request that the petitioner be permitted to appear in the typing test for the post of junior clerk and stenography for the post of stenographer. A true copy of the aforesaid application of the petitioner dated 20.12.2001 has been filed as Annexure-3 to the writ petition. In pursuance of the application so submitted by the petitioner to the District Magistrate, he was permitted to participate in both the test i.e. in typewriting test for the post of junior clerk/typist as well as in the stenography test for the post of stenographer held on 22.12.2001. It is further stated that the petitioner has failed to qualify the stenography test, however he qualified the typing test having secured typing speed of 31.4. w.p.m. and at the end of typing test held on 22.12.2001 he was intimated as having been selected for the post of junior clerk/typist. Before appearing in the aforesaid test the petitioner had also been required to fill up an option form indicating his preferential option for several departments and accordingly the petitioner had submitted an option form on 18.12.2001. A true copy of the aforesaid form filled up by the petitioner has also been filed as Annexure-4 to the writ petition. A perusal of which would demonstrate that the petitioner has given his first preference for the post of junior clerk/typist in marketing department i.e. in the office of Regional Food Controller. It is stated that as a result of first phase of typing test/stenography test the appointment orders were issued to some of the candidates on 22.12.2001. In making such appointments, one Sri Som Pal son of Mohan Lal who was allotted Roll No. 52005337 on the post of junior clerk/typist has also been appointed. According to the petitioner Sri Som Pal had also appeared in both the tests i.e. the stenography test as well as in typewriting test but he was appointed as junior clerk/typist by an appointment order dated 21.12.2001. In pursuance there to he had joined his post in the month of December, 2001 and continuously functioning and discharging his duties on the aforesaid post, whereas despite the fact that the petitioner had been declared qualified in the typewriting test held on 22.12.2001 no order of appointment has been issued to him.