Ad–hoc Service (Determination of Seniority) Rules, 1990
Rule 4(2) (gha)–
of those who failed in the examination for the first time like the petitioner
and those who did not appear at all in such examination or failed to appear in
such examination into two categories has a reasonable basis and an intelligible
differentia. Subsequently passing of one who failed earlier in such examination
though securing highest position like the petitioner is immaterial as the
stigma of failure sticks to him. The classification of the two categories of
officers is not discriminatory.
Mohiuddin Ahmed Executive Engineer vs Bangladesh and others 49 DLR 353.