JUDGMENT B. PANIGRAHI, J. — The opp.party No.4 filed an applica¬tion before the Central Administrative Tribunal, Cuttack Bench, Cuttack challenging the order of appointment of the petitioner as Extra Departmental Branch Post Master, Gapalpur Branch Post Office. It has been inter alia stated by the opp.party No.4 that the names of the candidates were asked from the local Employment Exchange which were transmitted on 26.10.1999 and 20.1.2000 respectively. The applicant was a candidate sponsored by the Employment Exchange, whereas the petitioner was a candidate from the open market. The grievance of the opp.party No.4 was that the petitioner does not belong to the Schedule Tribe community and, therefore, his name was not sponsored by the local Employment Exchange. 2. The authority had selected the writ-petitioner on the ground that he secured higher percentage of marks in H.S.C. Examination. It appears that at the time of hearing unfortunately the petitioner could not participate in the hearing nor filed any counter before the Tribunal. Therefore, on the basis of the contentions raised by the opp.party No.4, the petitioner’s ap¬pointment in the post of Extra Departmental Branch Post Master (hereinafter referred to as ‘EDBPM’) was set aside. 3. At the time of hearing neither the opp.party No.4 nor his learned counsel was present. Mr. Khuntia, learned counsel appearing for the writ-petitioner has submitted that even though the petitioner has fulfilled all the requirements sought by the Department, yet the Tribunal has approached to the case in a different angle, which was neither party’s case, and arbitrarily set aside the petitioner’s appointment. 4. While examining the contentions we have gone through the recruitment rules. In the recruitment Rules it is envisaged that a candidate should possess adequate means of livelihood and should derive sufficient income from the landed property or other immovable property. It is further indicated that he should possess VIII standard, but the candidate who possesses Matricula¬tion qualification should be given preference. Preference shall be given to the Scheduled Tribe candidate in absence to a Sched¬uled Caste and in absence to a general candidate. The Tribunal has been satisfied that the petitioner in a comparative assess¬ment, possessed better academic career vis-a-vis the opp.party No.4. The Tribunal further held that the applicant belongs to a Schedule Caste. His income from the landed property was also adequate. The Tribunal has been satisfied that the petitioner in a comparative assess¬ment, possessed better academic career vis-a-vis the opp.party No.4. The Tribunal further held that the applicant belongs to a Schedule Caste. His income from the landed property was also adequate. Before giving appointment they made through enquiry with regard to the antecedents and other requirements and after they being satisfied, they issued an order of appointment. The Department has also filed a counter before the Tribunal that such requirements having been fulfilled by the petitioner, they issued an order of appointment in his favour. 5. In this back-ground we are at a loss to understand as to how the Tribunal entertained a third case which was not at all placed before it by the opp.party No.4, particularly when a chance was not given to the petitioner to controvert it. The Tribunal has rejected the grounds taken by the opp.party No.4 that the petitioner did not belong to Scheduled Caste, not pos¬sessed better academic career and less income from the landed property. In that view of the matter, the order of the Tribunal setting aside the petitioner’s appointment on impertinent ground appears to be unsustainable in law. 6. Accordingly, the Tribunal’s order dated 2nd August, 2001 is hereby quashed and the petitioner’s appointment was held to be valid. The writ petition is accordingly allowed. B. P. DAS, J. I agree. Petition allowed.