Held, Chairman of DSSSB had no role in the driving test which was outsourced by the Board to be conducted at the Institute of Driving, Training and Research. That a candidate obtained very high marks at a written test and an endurance test but failed at the driving test could not be inferred as malice. 50 persons who were selected and appointed as Fire Operators by December, 2004 none of them had been impleaded as a respondent in the original applications; therefore it was sufficient to state that having once secured appointment and accrued right in favour of the said 50 persons, those rights could not be taken away behind their back.
