ORDER 1. Delay condoned. Leave granted. 2. On a perusal of the impugned order passed by the High Court, we find that the High Court has not gone into the legality of the appointment and has decided the matter merely on the basis that the other person was continuing in service. 3. There is no concept of negative equality. The High Court should have examined the legality of the appointment that was in question. 4. Consequently, we set aside the impugned order and remit the matter back to High Court, with a request to decide the Civil Special Appeal (Writ) No.34 of 2017 afresh, as early as possible, unfettered by any observation made earlier. We make it clear that we have not commented on the merits of the case. 5. The appeal is, accordingly, disposed of. 6. Pending application(s), if any, shall stand disposed of.