Appellate Authority’s order setting aside the order of appointment challenged before HC – HC dismissed writ petitions and upheld it -In appeal, the court noted: Clause 4.9 of the 2011 Guidelines imposed a restriction on such persons whose family member or members have secured appointment with the State Government or any organization of the State – In another case, HC had struck this down as unconstitutional – The only ground on which the appellant has been nonsuited was that the appellant had not challenged the said Clause 4.9 of the 2011 Guidelines before the High Court – When the said Clause of the Guidelines was struck down by the High Court , it ceased to exist. As such, it was not necessary for the appellant to challenge the validity of the same inasmuch as the same was already held to be invalid by the very same High Court – Appeal allowed with direction to reinstate Appellant .