CWP No.18669 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.18669 OF 2006 DATE OF DECISION: 29-01-2008 Bhulla Ram and others .....PETITIONERS VERSUS BBMB and others .....RESPONDENTS CORAM:- HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL PRESENT: Ms.Sonia G.Singh, Advocate for the petitioners. Mr.Govind Goel, Advocate for respondents No.1 and 2. Mr.Vijay Lath, Advocate for respondent No.3. Mr.Surinder Sharma, Advocate for respondent No.4. HEMANT GUPTA, J. The petitioners have challenged the order dated 12-10-2006 Annexure P4 whereby the claim of the petitioners for promotion to the post of Sub Fire Officer was declined. It is the case of the petitioners that Krishan Singh, junior to the petitioners has been promoted as Sub Fire Officer and, therefore, the said promotion of junior is illegal. It is the case of the respondents that the minimum CWP No.18669 of 2006 2 educational qualification for appointment to the post of Sub Fire Officer by promotion is either qualified Sub fire Officer's course from National Fire Service College Nagpur with 2 years experience in fire service or Matric with Fire Course from Ministry of Defence/Home Affairs, with 4 years experience in fire service, or Matric without any Fire course but with 5 years experience in fire service. The petitioners are the candidates, who have neither qualified Sub Fire Officer's Course or Matriculate. Whereas respondent No.3 though junior to the petitioners, is a Matriculate and thus he has been rightly promoted to the post of Sub Fire Officer. Learned counsel for the petitioners has vehemently argued that in terms of Regulations 21 of Bhakra Beas Management Board Recruitment and Service Conditions Regulations 1994, the Chairman has earlier exercised the power of relaxation of the Rules in the case of many other promotions to the post of Sub Fire Officer. Reference is made to Annexure P5 wherein four Fire Fighting Staff were promoted to the post of Sub Fire Officer by relaxation of the Rule of qualification. It is contended that since the Chairman has exercised the power of relaxation in case of few candidates, therefore, the Chairman is bound to relax the Rules in case of the petitioners as well. Mr.Goel, learned counsel for the respondents-Board states that though the power of relaxation cannot be claimed as a matter of right but the Board shall consider the claim of the petitioners for relaxation of the Rules against the available vacancies after filling up the post from the qualified candidates in terms of the Regulations. In view of the said fact, the present writ petition is CWP No.18669 of 2006 3 disposed of with the hope that the Chairman of the respondent-Board shall consider the case of the petitioners for relaxation of the Rules for promotion to the post of Sub Fire Officer after filling up the post of Sub Fire Officer amongst the eligible available candidates in accordance with law. With the said observation, the writ petition is disposed of. (HEMANT GUPTA) JUDGE ( MOHINDER PAL ) January 29, 2008 JUDGE jt