- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.912 OF 2009 Subhas K.Rane & ors ... Petitioners vs The Municipal Corporation of Greater Mumbai & ors ... Respondents Mr.A.M.Saraogi for Petitioners Mr.S.S.Pakale a/w Ms.S.A.Module for Respondents ... CORAM: F.I.REBELLO & MRS.MRIDULA BHATKAR,JJ DATE: 23rd April, 2010 P.C. 1. We have heard learned counsel for the parties. Earlier an affidavit was filed by Mr.Pratap Karguppikar setting out in para 5 that there are 9 vacancies. A second affidavit was thereafter filed pursuant to the directions of this Court by Mr.Uday Keshav Tatkare on 22nd April, 2010 wherein it is pointed out that 8 posts out of 11 had been filled in as on 22nd June, 2009. Earlier affidavit before this court was filed on 18th August,2009. Out of 8 candidates, 5 belonged to the open category, 2 posts have been filled in from OBC category and one from - 2 - the scheduled caste. Posts therefore, were still available for the scheduled caste to which the respondent no.5 has been appointed. 2. The only challenge to the appointment of respondent no. 5 is that he does not have the experience for the post. It is thus submitted that considering the various circulars if there is no eligible candidate then in that event, those in the seniority lists having the necessary qualifications have to be appointed on ad-hoc basis. 3. On other hand, our attention is invited to the circular of 1st December, 1999 whereby a power has been conferred on the Municipal Commissioner to relax the requirements of educational qualifications as also experience. 4. In the instant case, respondent no. 5 has the necessary qualifications. He however, did not possess the requisite experience. Considering that the post has to be filled in and was a reserved post, the Municipal Commissioner has exercised his powers relaxing the period of experience. - 3 - 5. Once that be the case, in our opinion, we are not inclined to interfere in the appointment of respondent no. 5 against a reserved post as against an open category candidate. Petition dismissed. MRS.MRIDULA BHATKAR, J F.I.REBELLO, J - 4 -