WP1575_2026.DOC

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 1575 OF 2026

1. Sumit Lahu Borkar

2. Apurva Girish Bhale

3. Vishal Madhukar Ghawale

4. Nagesh Kisan Bhise

5. Swapnil Ashok Khedekar

6. Pune Mahanagarpalika Kamgar Union … Petitioners

Vs

1. The State of Maharashtra, through the Secretary,

Urban Development Department

2. Municipal Corporation of the City of Pune

3. Municipal Commissioner, Pune Municipal Corporation… Respondents

WITH

WRIT PETITION NO. 2164 OF 2024

1. Vikas Mohan Salunke

2. Kamlakar Yuvraj Mane

3. Vinod Hanumant Biramane

4. Sangram Deshmukh

5. Wasim Mujawar

6. Swapnil Pandharinath Nimbalkar

7. Chhaya Vinaykumar Suryawanshi

8. Karan M. Konde

9. Viswajeet Sanjay Tagunde

10. Nilesh Kashinath Sable

11. Ankush Vilas Gaikwad

12. Rupesh Pandurang Alhat

13. Vijay Rajendra Guthal

14. Aditya Maruti Zarande … Petitioners

Vs

1. The Commissioner, Pune Municipal Corporation

2. The State of Maharashtra … Respondents

WITH

WRIT PETITION NO. 2217 OF 2024

Kunal Uttamrao Mate … Petitioner

Vs

1. The Pune Municipal Corporation

2. The Municipal Commissioner, Pune Municipal Corportion

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WP1575_2026.DOC

3. The State of Maharashtra

4. The Principal Secretary, Urban Development Dept.… Respondents

WITH

WRIT PETITION NO. 16449 OF 2024

1. Tushar Tukaram Raut

2. Somnath Prakash Kasbe

3. Kamesh Rohidas Kshirsagar

4. Akash Tukaram Dhankavade

5. Devidas Tukaram Kamble

6. Mandar Nitin Choudhary … Petitioners

Vs

1. The Municipal Commissioner, Pune Municipal Corporation

2. The State of Maharashtra … Respondents

WITH

WRIT PETITION NO. 8496 OF 2025

1. Kunal Uttamrao Mate

2. Mayur Arun Mandhare

3. Rupesh Arjun Mate

4. Nitin Sandipan Lokhande

5. Amol Dilip Pawar

6. Dinesh Yashwant Tanksale

7. Anil Sandipan Lokhande

8. Shahu Sambhaji Pokale

9. Rajesh Prabhakar Raskar

10. Umesh Prakash Deokar

11. Bhushan Dhanaji Mahamuni

12. Chhaya Vijkumar Suryawanshi … Petitioners

Vs

1. The Pune Municipal Corporation

2. The Municipal Commissioner, Pune Municipal Corporation

3. The State of Maharashtra

4. The Principal Secretary, Urban Development Dept.… Respondents

WITH

WRIT PETITION NO. 846 OF 2024

1. Mayur Arun Mandhare

2. Rupesh Arjun Mate

3. Sharad Balasaheb Kanaskar

4. Nitin Sandipan Lokhande

5. Amol Dilip Pawar

6. Dinesh Yashwant Tanksale

7. Anil Sandipan Lokhande

8. Shahu Sambhaji Pokale

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9. Rajesh Prabhakar Raskar

10. Umesh Prakash Deokar … Petitioners

Vs

1. The Pune Municipal Corporation

2. The Municipal Commissioner, Pune Municipal Corporation

3. The State of Maharashtra

4. The Principal Secretary, Urban Development Dept.… Respondents

WITH

WRIT PETITION NO. 1096 OF 2024

Sanjay Shendge & Ors. … Petitioners

Vs

The Commissioner, Pune Municipal Corporation & Anr. … Respondents

_________

Mr. A.V. Anturkar, Senior Advocate a/w. Mr. Atharva Date, Ms. Poonam Pal for the

petitioners in WP/846/2024, WP/2217/2024 and WP/8496/2025.

Mr. Abhijit P. Kulkarni a/w. Mr. Abhishek Roy and Ms. Sweta Shah for respondent-

PMC in WP/2217/2024, WP/1575/2026 and WP/8496/2025.

Mr. Susheel Mahadeshwar i/b. Ranjana Todankar for the petitioners in

WP/1575/2026 and WP/1096/2024.

Ms. Manisha S. Jagtap for the respondent in WP/1096/2024.

Mr. P.P. Kakade, Addl. G.P. a/w. Smt. P.N. Diwan, AGP and Mr. A.R. Deolekar,

AGP for the State.

__________

CORAM :G. S. KULKARNI &

AARTI SATHE, JJ.

RESERVED ON :30 JUNE, 2026.

PRONOUNCED ON : 2 JULY, 2026.

Judgment (Per G.S. Kulkarni, J.)

1. This is a batch of petitions which involves common issue of law and fact and

hence they are being disposed of by this common judgment.

2.We refer to the relevant facts from Writ Petition No. 1575 of 2026 – Sumit

Lahu Borkar & Ors. vs. State of Maharashtra & Ors.

3.The petitioners are employees of the respondent-Pune Municipal

Corporation. They are holding Class IV posts. The primary grievance of the

petitioners as raised in these petitions is to the decision of the Pune Municipal

Corporation (PMC) to cancel the Select list for promotion to the posts of Junior

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Engineer (Civil), after the recruitment process had substantially progressed and prior

to the issuance of appointment orders.

4.It is the petitioners case that the PMC Service Rules, 2014 provided 75%

quota for direct recruitment and 25% quota for promotion to the post of Junior

Engineer (Civil). The educational qualifications for direct recruitment and

promotion were similar, namely, Degree or Diploma in Civil Engineering. For direct

recruitment, three years experience of engineering work was required, while for

promotion the experience required was of 5 years service in the PMC. These rules

provided that promotion to the post of Junior Engineer (Civil) shall also be on the

basis of seniority-cum-merit. A copy of the PMC Service Rules dated 26 August,

2014 are part of the record.

5.In regard to the selection process in question, the petitioners have contended

that by Circular dated 29 January, 2021, the PMC invited applications from Class-III

and Class-IV employees for promotion to the post of Junior Engineer (Civil). The

said circular stated that Class-III and Class-IV employees who are appointed in the

Corporation prior to 31 December, 2015 and who possessed the prescribed

qualification and who had five years uninterrupted service with the PMC shall be

eligible to apply for promotion to the post of Junior Engineer (Civil). It is

contended that consequent to the said procedure being set into motion, by a further

Circular dated 3 December, 2021, PMC published the draft Seniority List of eligible

employees who had applied for promotion to the post of Junior Engineer (Civil).

Despite such publication, it is the petitioners’ case that PMC was not taking any

steps to complete the recruitment process for promotion to the post of Junior

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Engineer(Civil). Being so aggrieved, on 17 November, 2022, Pune Mahanagarpalika

Kamgar Union, a Trade Union of the employees of PMC, approached this Court by

filing Writ Petition No. 15966 of 2022 praying for a relief that the PMC may be

directed to make promotion to the post of Junior Engineer (Civil) as per the Circular

dated 29 January, 2021.

6.Thereafter, the PMC issued a notice dated 31 May, 2023 publishing a further

Draft Seniority List of 20 eligible candidates for being considered for promotion to

the post of Junior Engineer (Civil). On 17 June, 2023, PMC filed its reply affidavit

in Writ Petition No. 15966 of 2022. In the said reply affidavit, in paragraph 13, a

categorical statement was made on behalf of the PMC that the PMC is in the

process of making promotion to the post of Junior Engineer (Civil) (Class-III) by

following the due process of law.

7.It so happened that before the process could attain finality, the State

Government by Government Resolution dated 14 December, 2023 amended the

PMC Service Rules, 2014. By the said amendment dated 14 December, 2023, the

Government changed the quota, the eligibility criteria and also the procedure, i.e.,

the method and manner of selection for promotion to the post of Junior Engineer

(Civil). By such Government Resolution, the quota for promotion to the post of

Junior Engineer (Civil) was reduced from 25% to 15%. Further, the educational

qualifications were also amended from “Degree/Diploma in Civil Engineering” to

“Full-Time Degree/Diploma in Civil Engineering”. Also the amended rules as

notified in the Government Resolution changed the method and manner of

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selection from “seniority cum merit” to “determination of merit through an

examination”.

8.On the aforesaid backdrop, it is the petitioners’ case that they were fully

qualified for the appointment to the post of (Junior Engineer Class III) under the

selection process as the petitioners have passed the diploma in Civil Engineering

(Part-time) from the Government Polytechnic, Pune, which is recognized by the All

India Council for Technical Education (AICTE), to which the Maharashtra State

Board of Technical Education (MSBTE) has granted equivalence to part-time

diploma in Civil Engineering run by the Government Polytechnic, Pune with the

diploma in Civil Engineering Course offered by MSBTE and hence under the 2014

Rules being applicable to the petitioners selection, the petitioners ought to have

been granted an appointment order.

9.However, in pursuance of the Government Resolution dated 14 December,

2023 amending the Pune Municipal Corporation Service Rules, 2014, the PMC

issued a Circular dated 20 December, 2023 thereby announced a written

examination for selection to the post of Junior Engineer (Civil) by promotion to be

held on 28 January, 2024.

10.The petitioners have contended that in view of the change in the Rules for

promotion to the post of Junior Engineer (Civil), this Court disposed of Writ

Petition No. 15966 of 2022 by an order dated 11 January, 2024 keeping open all

contentions. Also the employees who were adversely affected by the Government

Resolution dated 14 December, 2023, approached this Court by filing Writ Petition

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No. 1096 of 2024 assailing the said Government Resolution and seeking the reliefs

that the promotion process which was initiated by PMC by Circular dated 29

January, 2021 be completed by applying the unamended PMC Service Rules, 2014.

11.In the aforesaid factual backdrop, the petitioners contend that it is a settled

principle of law that the eligibility criteria and the method and manner of selection

cannot be changed after the recruitment process has commenced. This more

particularly relying on the recent decision of the Constitution Bench of the Supreme

Court in the case of Tej Prakash Pathak & Ors. vs. Rajasthan High Court & Ors.

1

. It

is contended by the petitioner that after the promotion process in question had

commenced, the PMC could not have reduced the quota of promotion and thereby

reduce the number of posts available for promotion. Also after the promotion

process had commenced and was on the verge of completion, the PMC could not

have changed the eligibility criteria from “Degree/Diploma in Civil Engineering” to

“Full-Time Degree/Diploma in Civil Engineering”, as also the PMC could not have

changed the method and manner of selection from “seniority cum merit” to “merit

determined through an examination”, for the reason that the selection on the basis of

seniority cum merit does not require comparative assessment of merit.

12.The PMC , however, by the impugned order dated 11 June, 2025 cancelled

the promotion process for the post of Junior Engineer (Civil) as initiated by Circular

dated 29 January, 2021, in respect of which even the draft Select list was published

on 3 December, 2021 and thereafter on 31 May, 2023. The only reason as set out in

the impugned order to cancel the promotional / selection process was to enable the

1 (2025) 2 SCC 1

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PMC to carry out recruitment in accordance with the amended rules as notified in

Government Resolution dated 14 December, 2023 (supra), i.e., to change the

quota , the eligibility criteria and the method and manner of promotion to the post

of Junior Engineer (Civil). It is the petitioners’ case that the impugned cancellation

of the promotion exercised vide order dated 11 June, 2025 is patently illegal and

violative of the petitioners right under Articles 14 and 16 of the Constitution of

India.

13.The petitioners have also contended that the PMC, prior to the amendment

to the Pune Municipal Corporation Service Rules, 2014, has issued an advertisement

dated 20 July, 2022 inter alia to carry out direct recruitment in 75% quota to the

post of Junior Engineer (Civil), so as to have appointments to 135 posts of Junior

Engineer (Civil). In pursuance of the said advertisement, the selection process was

undertaken and by an order dated 30 December, 2022, the Corporation made

appointments and filled up 135 posts of Junior Engineer (Civil). Insofar as the

promotional exercise in regard to 25% of posts of Junior Engineer (Civil) was kept in

a limbo although the process had commenced on 29 January, 2021 and finally

aborted by the impugned order dated 11 June, 2025.

14.It is the petitioners’ case, that in fact, again an advertisement dated 9 January,

2024 was issued for filling up another 113 posts of Junior Engineer (Civil) by direct

recruitment. A corrigendum dated 12 August, 2025 was issued to the advertisement

dated 9 January, 2024 whereby the said posts to be filled up were increased from 113

to 169 and accordingly a revised advertisement dated 1 October, 2025 was issued for

enhancing the time period for making applications for the post of Junior Engineer

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(Civil). Also a public notice dated 17 January, 2026 was issued announcing that the

written examination for direct recruitment to the post of Junior Engineer (Civil)

would be held on 25 January, 2026.

15.The petitioners have accordingly contended that on one hand the PMC did

not carry out the promotion process for the post of Junior Engineer (Civil) pursuant

to the Circular dated 29 January, 2021to fill up 25% of the posts, however, on the

other hand, with substantial haste the PMC filled up 135 posts of Junior Engineer

(Civil) by direct recruitment and again issued advertisement dated 1 October, 2025

for filling up additional 169 posts of Junior Engineer (Civil) by direct recruitment

thereby bringing about a consequence that such posts may not at all be available for

filling up by promotion.

16.It is also the petitioners contention that there is a common seniority list for

direct recruits to the post of Junior Engineer (Civil), hence if the PMC carries out

only direct recruitment to the post of Junior Engineer (civil) and does not fill up the

promotional quota, the promotees would be rendered junior to the direct recruits

and hence the action on the part of PMC in not filling up 25% posts by undertaking

the promotional exercise which was initiated vide Circular dated 29 January, 2021, is

highly arbitrary and illegal apart from the fact that it is opposed to the settled

principles of law as laid down by the Constitution Bench in Tej Prakash Pathak &

Ors. (supra) that once the selection process has commenced, the rules cannot be

changed to the prejudice of the selected candidates.

17.Mr. Anturkar, learned senior counsel has also placed on record information

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obtained by the petitioner under the Right to Information Act, 2005 wherein the

department had taken a legal opinion from the Law Officers of the Pune Municipal

Corporation as to whether a decision can be taken to cancel the selection process

which was on the verge of completion, in which the legal opinion as placed on record

of the Municipal Corporation was to the effect that such decision ought not be taken

considering the principles of service jurisprudence for the reason that once the

selection process had commenced, it was not acceptable that the terms and

conditions of eligibility for appointment be changed. Thus, Mr. Anturkar’s

submission is that it is not the case that PMC was not guided properly on the

position in law when such information was placed on record before the Municipal

Commissioner on 11 June, 2025. He, however, submits that there is no reason,

whatsoever much less acceptable, placed on record by the PMC, as to why the

impugned decision is taken. This apart from the fact, according to Mr. Anturkar,

looked from any angle, the impugned decision dated 11 June, 2025 cannot stand the

test of law.

18.It is in these circumstances, the petitioners have filed the present petitions

praying for the following substantive reliefs:

“(a) This Hon'ble Court may be pleased to issue an appropriate writ,

order or direction for quashing and setting aside the order dated

11.06.2025, (Exhibit-M issued by the Corporation whereby the

Corporation has cancelled the promotion process for the post of Junior

Engineer (Civil) initiated by Circular dated 29.01.2021;

(b) That this Hon'ble Court may be pleased to declare that the

Government Resolution dated 14.12.2023, is not applicable to the

promotion to the post of Junior Engineer (Civil) initiated by Circular

dated 29.01.2021;

(c) That this Hon'ble Court may be pleased to issue a writ of mandamus,

or a writ in the nature of mandamus or any other appropriate writ, order

or direction for the from restraining Corporation making appointments

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to the posts of Junior Engineer (Civil) by direct recruitment pursuant to

the Advertisement dated 09.01.2024 read with revised Advertisement

dated 01.10.2025, till promotion process pursuant to Circular dated

29.01.2021 is completed;

(d) That this Hon'ble Court may be pleased to issue a writ of mandamus,

or a writ in the nature of mandamus or any other appropriate writ, order

or direction directing the Corporation to complete the process of

promotion to the post of Junior Engineer (Civil) initiated by Circular

dated 29.01.2021 by applying the quota, eligibility and method and

manner of promotion prescribed under the un-amended Pune Municipal

Corporation Service Rules, 2014.”

19.On behalf of the Municipal Corporation, reply affidavit has been filed by Mr.

Vijaykumar Thorat, Deputy Municipal Commissioner opposing the reliefs as prayed

for in these petitions. The reply affidavit is a common affidavit in all these petitions.

In the reply affidavit, it is not disputed that the petitioners are employees of the

PMC working on different posts such as Sanitary Inspector/allied cadres and are

aspiring for promotion to the post of Junior Engineer (Civil) (Class III). The

affidavit sets out the comparative chart showing difference between the 2014 rules

and fresh rules as notified under Government Resolution dated 14 December, 2023,

which are now sought to be applied. However, what is significant to be noted is that

in paragraph 8 of the reply affidavit, the Municipal Corporation has categorically

conceded that the process of appointment was almost 99% completed prior to the

amendment of the Service Rules. It is stated that however the fact remains that no

final promotion orders were issued and the vacancies continued to remain vacant. It

is contended that once the vacancies were not filled, the governing rule at the time of

consideration applies and hence the applicable rule would be the amended Service

Rules brought into force by Government Resolution dated 14 December, 2023. In

supporting such contention, reliance is placed on the decision of Supreme Court in

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State of Himachal Pradesh & Ors. vs. Raj Kumar & Ors.

2

to contend that the

vacancies occurring prior to amendment must be filled under old rules, no longer

reflects the correct position in law. It is also contended that thus the PMC had taken

a valid decision to apply the Service Rules of 2023 and the said policy decision

cannot be challenged by the petitioners considering the settled principles of law.

Analysis

20. We have heard learned counsel for the parties and have perused the record.

At the outset, we note some of the admitted facts. The selection process was

initiated by the PMC vide Circular dated 29 January, 2021. It is not in dispute that

the petitioners, who were employees of PMC, were eligible to participate in the

selection procedure. It is also not in dispute that at the relevant time, the Service

Rules, which were invoked and applied for the selection in question, were the PMC

Service Rules 2014, which categorically provided for 75% quota for direct

recruitment and 25% quota for promotion to the post of Junior Engineer(Civil).

There is no dispute in regard to the educational qualification for direct recruitment

and promotion to be similar, namely, Degree or Diploma in Civil Engineering. Also,

there is no dispute in regard to the criteria being followed, namely, that the

promotion to the post of Junior Engineer (Civil) shall be on the basis of seniority-

cum-merit. Further, it is not in dispute that on 3 December, 2021, PMC published a

draft seniority list of eligible employees for promotion to the post of Junior Engineer

(Civil) in which the names of the petitioners were included. It is also not in dispute

that PMC thereafter proceeded to notify a further list of 20 eligible candidates on 31

2 (2023) 3 SCC 773

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May, 2023 for promotion to the post of Junior Engineer (Civil). PMC has also not

disputed that insofar as 75% posts are concerned, all steps are taken as noted by us

herein to fill up 135 and 113 posts respectively.

21.The aforesaid admitted facts clearly indicate that the PMC had wielded two

standards/yardsticks in its approach to fill up 75% posts by direct recruitment to

hastily make such appointments, whereas insofar as 25% promotional post of its own

employees were concerned, the same was kept in a limbo for a substantial period,

i.e., from the commencement of the said process on 29 January, 2021 till the entire

process which was 99% complete, was cancelled almost after four years on 11 June,

2025. We find from the reply affidavit that there is not a whisper of justification in

regard to such delay and/or PMC not completing the promotional process for the

said 25% posts. It is significant to note from the impugned order dated 11 June,

2025, as also supported by reply affidavit in paragraph 13, as noted by us

hereinabove, that the only reason to cancel the promotional selection which had

almost attained finality, was on the ground that the new rules are brought into force

on 14 December, 2023 as notified under the Government Resolution. If in the

normal course, once under the promotional process qua the petitioners had

commenced on 29 January, 2021, it was certainly a legitimate expectation of the

petitioners that same would be taken to its logical conclusion under the extant Rules

(i.e. the 2014 Rules) and more particularly when on 3 December, 2021, a draft

seniority list of eligible employees for promotion to the post of Junior Engineer

(Civil) was notified and a further draft seniority list of 20 eligible candidates was

notified on 31 May, 2023. At such point of time, it can never have been a

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contemplation that much later to such finality to be achieved to the selection

process, sometime in December, 2023, new rules would be notified. Thus, there was

no basis whatsoever for the PMC not to complete the promotional exercise within

such legitimate period which was commenced as far back in 2021.

22.In our opinion, things do not stop at this, inasmuch as almost for a substantial

period of 18 months after the notification of new rules, the PMC instead of

completing the selection process on the basis of extant rules, namely, PMC Service

Rules, 2014, merely on a purported reason of notification of new rules (2023 Rules),

the impugned decision dated 11 June, 2025 was taken to cancel the selection

process.

23.In the aforesaid circumstances, in our opinion, there is much substance in the

contention of the petitioner that there was a legitimate expectation on the part of the

petitioners that the selection process which had commenced on 29 January, 2021

with notification of two seniority lists of employees / petitioners who would be

granted promotion, would be taken to its logical conclusion and promotional order

would be issued. It was also a legitimate expectation of the petitioners that the PMC

Service Rules, 2014 would be applied and that such completion of the selection

exercise, would not be governed by any new rules which, in any case, at the relevant

time were not in existence.

24.In such context, the petitioners have rightly placed reliance on the decision of

the Constitution Bench of the Supreme Court in Tej Prakash Pathak & Ors. (supra)

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to contend that the issue being canvassed by the petitioner in the present

proceedings would stand squarely covered by the said decision of the Supreme

Court. In such case, the reference before the Constitution Bench of the Supreme

Court was in pursuance of the order passed by the three-Judge Bench while

accepting the salutary principle that once the recruitment process commences, the

State or its instrumentality cannot tinker with the “rules of the game” insofar as the

prescription of eligibility criteria is concerned. The referral Bench wondered

whether that should apply to the procedure for selection. While doubting the

correctness of the decision of Supreme Court in K. Manjusree vs. State of Andhra

Pradesh

3

for not having noticed an earlier decision in State of Harayana vs. Subash

Chander Marwaha

4

the proceedings were placed before the Hon’ble the Chief Justice

of India for constituting a larger Bench for an authoritative pronouncement on the

issue. The Constitution Bench held that the law is well settled that after

commencement of the recruitment process, the eligibility criteria is not to be altered

because candidates even if eligible under the altered criteria might not apply by the

last date under the belief that they are not eligible as per the advertised criteria. It

was held that such alteration/change, therefore, deprives a person of the guarantee of

equal opportunity in matters of public employment provided by Article 16 of the

Constitution. In considering the question, the Court delved on the issues of -i) when

the recruitment process commences and comes to an end, (ii) basis of the doctrine

that “rules of the game” must not be changed during the course of the game, or

after the game is played; (iii) whether the said doctrine applies with equal strictness

3 (2008) 3 SCC 512

4 (1974) 3 SCC 220

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qua method or procedure for selection as it does qua eligibility criteria and (iv)

whether appointment could be denied by change in the eligibility criteria after the

game is played. It is in such context, considering the decision in K. Manjusree

(supra) and State of Harayana vs. Subash Chander Marwaha (supra) and referring to

the observations as made by the Court in the case of Sivanandan C.T. vs. High Court

of Kerala

5

in which the Constitution Bench held that for a public authority to

frustrate a claim of legitimate expectation, it must objectively demonstrate by placing

relevant material before the Court that its decision was in the public interest, it was

held that this standard is consistent with the principles of good administration which

require that State actions must be held to scrupulous standards to prevent misuse of

public power and ensure fairness to citizens. The Constitution Bench also held that

the doctrine of legitimate expectation lays emphasis on predictability and

consistency in decision making which is a facet of non-arbitrariness, when the Court

observed that the underlying basis for the application of the doctrine of legitimate

expectation has expanded and evolved to include the principles of good

administration. It was also held that the principles of good administration require

that the decisions of public authorities must withstand the test of consistency,

transparency and predictability to avoid being regarded as arbitrary and therefore

violative of Article 14. Thus, taking a review of the legal position as reflected in

several decisions, the Constitution Bench reached to the following conclusions in

Tej Prakash Pathak & Ors. (supra), which in our opinion, is squarely applicable in

the facts of the present case:

5 (2024) 3 SCC 799

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“65. We, therefore, answer the reference in the following terms:

65.1. Recruitment process commences from the issuance of the

advertisement calling for applications and ends with filling up of vacancies;

65.2. Eligibility criteria for being placed in the select list, notified at the

commencement of the recruitment process, cannot be changed midway

through the recruitment process unless the extant Rules so permit, or the

advertisement, which is not contrary to the extant Rules, so permit. Even if

such change is permissible under the extant Rules or the advertisement, the

change would have to meet the requirement of Article 14 of the

Constitution and satisfy the test of non-arbitrariness;

65.3. The decision in K. Manjusree lays down good law and is not in

conflict with the decision in Subash Chander Marwaha. Subash Chander

Marwaha deals with the right to be appointed from the select list whereas

K. Manjusree deals with the right to be placed in the select list. The two

cases therefore deal with altogether different issues;

65.4. Recruiting bodies, subject to the extant Rules, may devise appropriate

procedure for bringing the recruitment process to its logical end provided

the procedure so adopted is transparent, non-discriminatory/non-arbitrary

and has a rational nexus to the object sought to be achieved;

65.5. Extant Rules having statutory force are binding on the recruiting

body both in terms of procedure and eligibility. However, where the rules

are non- existent, or silent, administrative instructions may fill in the gaps;

65.6. Placement in the select list gives no indefeasible right to appointment.

The State or its instrumentality for bona fide reasons may choose not to fill

up the vacancies. However, if vacancies exist, the State or its instrumentality

cannot arbitrarily deny appointment to a person within the zone of

consideration in the select list.

(emphasis supplied)

25.It is thus clear from what has been held by the Constitution Bench that the

eligibility criteria in the present case which was prevalent at the time of

commencement of selection process on 29 January, 2021 could not have been

changed midway through the recruitment process unless the said rules so permitted,

and merely because new rules which were prospectively issued would not make

them applicable to the selection process in question which was almost at the

verge of completion. Thus as held in paragraph 65.4 of the decision of the

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Constitution Bench in Tej Prakash Pathak & Ors. (supra) the extant rules that is

PMC 2014 rules as applied in notifying the seniority list for promotion dated 3

December, 2021 and 31 May, 2023 were required to be followed and the

appointment / promotion to fill up 25% posts, by the in-service candidates namely

of the petitioners ought to have been taken to the logical conclusion. Such process

in no manner has been contended to be not transparent and not in accordance with

the extant rules, even by the PMC. Thus, the 2014 rules have been observed in

breach by the PMC. As held by the Constitution Bench in Tej Prakash Pathak &

Ors. (supra), the extant statutory rules (2014 Rules) in force were binding on the

PMC both in terms of procedure and eligibility. Thus, there was no warrant for the

PMC to change the rules midway through the recruitment process on the eligibility

criteria being applied under the 2023 Rules, more particularly when admittedly the

vacancies existed. It was hence arbitrary for the PMC not to appoint the petitioners

when they were placed in the selection list.

26.We may also observe that on behalf of PMC, reliance is placed on the decision

of the Supreme Court in State of Himachal Pradesh vs. Raj Kumar & Ors. (supra). In

this decision, the Supreme Court was considering a case where directions were issued

by the High Court to consider the case of the writ petitioners/respondent nos. 1 and

3 to the said proceedings, for promotion under the rules that existed when the

vacancies arose and not as per the subsequently amended Rules. Such directions

were issued by the High Court on the basis of the decision of Supreme Court in Y.V.

Rangaiah vs. J. Sreenivasa Rao

6

. The question posed before the Supreme Court was

6 (1983) 3 SCC 284

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whether appointments to the public posts that fell vacant prior to the amendment of

the Rules would be governed by the old Rules or the new Rules. It is in such

context, the Supreme Court took a review of about 15 decisions that have

distinguished Rangaiah’s case to hold that the Court had consistently carved out

exceptions to the broad proposition formulated in Rangaiah (supra). The following

observations have been made by the Supreme Court having a direct bearing on the

proposition formulated by Rangaiah, as set out in paragraphs 82, 83, 84, 85 and

85.1 of the said decision, which read thus:

“82. A review of the fifteen cases that have distinguished Rangaiah would

demonstrate that this Court has been consistently carving out exceptions to the

broad proposition formulated in Rangaiah. The findings in these judgments, that

have a direct bearing on the proposition formulated by Rangaiah are as under:

82.1. There is no rule of universal application that vacancies must be

necessarily filled on the basis of the law which existed on the date when they

arose, Rangaiah case must be understood in the context of the rules involved

therein.

82.2. It is now a settled proposition of law that a candidate has a right to be

considered in the light of the existing rules, which implies the “rule in force”

as on the date consideration takes place. The right to be considered for

promotion occurs on the date of consideration of the eligible candidates.

82.3. The Government is entitled to take a conscious policy decision not to

fill up the vacancies arising prior to the amendment of the rules. The

employee does not acquire any vested right to being considered for

promotion in accordance with the repealed rules in view of the policy

decision taken by the Government. There is no obligation for the

Government to make appointments as per the old Rules in the event of

restructuring of the cadre is intended for efficient working of the unit. The

only requirement is that the policy decisions of the Government must be fair

and reasonable and must be justified on the touchstone of Article 14.

82.4. The principle in Rangaiah need not be applied merely because posts

were created, as it is not obligatory for the appointing authority to fill up the

posts immediately.

82.5. When there is no statutory duty cast upon the State to consider

appointments to vacancies that existed prior to the amendment, the State

cannot be directed to consider the cases.

83. The above-referred observations made in the fifteen decisions that have

distinguished Rangaiah case demonstrate that the wide principle enunciated therein

is substantially watered-down. Almost all the decisions that distinguished Rangaiah

hold that there is no rule of universal application to the effect that vacancies must

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necessarily be filled on the basis of law that existed on the date when they arose.

This only implies that decision in Rangaiah is confined to the facts of that case.

84. The decision in Deepak Agarwal is a complete departure from the principle in

Rangaiah inasmuch as the Court has held that a candidate has a right to be

considered in the light of the existing rule. That is the rule in force on the date the

consideration takes place. This enunciation is followed in many subsequent

decisions including that of Union of India v. Krishna Kumar. In fact, in Krishna

Kumar Court held that there is only a “right to be considered for promotion in

accordance with rules which prevail on the date on which consideration for

promotion takes place”.

85. The consistent findings in these fifteen decisions that Rangaiah case must be

seen in the context of its own facts, coupled with the declarations therein that there

is no rule of universal application to the effect that vacancies must necessarily be

filled on the basis of rules which existed on the date on which they arose, compels

us to conclude that the decision in Rangaiah is impliedly overruled. However, as

there is no declaration of law to this effect, it continues to be cited as a precedent

and this Court has been distinguishing it on some ground or the other, as we have

indicated hereinabove. For clarity and certainty, it is, therefore, necessary for us to

hold:

85.1. The statement in Y.V. Rangaiah v. J. Sreenivasa Rao that, “the vacancies

which occurred prior to the amended Rules would be governed by the old

Rules and not by the amended Rules”, does not reflect the correct

proposition of law governing services under the Union and the States under

Part XIV of the Constitution. It is hereby overruled.”

27.Considering the aforesaid observations of the Supreme court in State of

Himachal Pradesh vs. Raj Kumar & Ors. (supra), we wonder as to how in the facts of

the present case the law as laid down in the said case would become applicable to the

facts of the present case. The decision in fact supports the case of the petitioners,

this, moreover, when the present case as observed by us in the foregoing paragraphs

stands squarely covered by the decision of the Constitution Bench of Supreme Court

in Tej Prakash Pathak & Ors. (supra).

28.In the light of the above discussion, we have no manner of doubt that the

present petitions needs to succeed. We, accordingly, allow these petitions in terms of

the following order:

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O R D E R

(i)The impugned order dated 11 June, 2025 passed by

the Pune Municipal Corporation cancelling the promotion

process for the post of Junior Engineer (civil) initiated under

Circular dated 29 January, 2021 is quashed and set aside;

(ii)It is declared that the promotional process in question

initiated under Circular dated 29 January, 2021 shall be

governed by the PMC Service Rules, 2014 in regard to filling

up of 25% promotional posts of in-service candidates qua the

applicability of the eligibility criteria/qualifications, as

available under such extant rules;

(iii)Consequent to the above, the PMC is directed to

conclude the process of appointment/promotion to the post

of Junior Engineer (Civil) under the selection process

initiated for 25% of the in-service candidates vide Circular

dated 29 January, 2021 under which the Seniority lists dated

3 December, 2021 and 31 May, 2023 were notified, and take

the same to the logical conclusion by following further

procedure and by issuance of appointment orders with the

seniority of the relevant date to be conferred on the

promoted candidates. Let this exercise be completed within

a period of three weeks from today.

29.Writ Petitions are allowed in the aforesaid terms. No costs.

(AARTI SATHE, J.) (G. S. KULKARNI, J.)

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