1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7661 OF 2009 ... Jyot Bajirao Sonawane ...Petitioner v/s. Pimpri-Chinchwad Municipal Corporation & Anr. ...Respondents ... Mr.Bhavesh Parmar for the Petitioner. Mr.H.D.Buch with Mr.S.K.More for Respondent No.1. Mr.S.R.Nargolkar, AGP for State. ... CORAM: D.K.DESHMUKH, & A.R.JOSHI, JJ DATED: 13th January, 2010 P.C.: 1. By this petition the Petitioner takes exception to the advertisement issued by the Respondent No.1 Corporation for filling in the post of Principal, Industrial Training Centre, Pimpri-Chinchwad Municipal Corporation by direct recruitment. According to the Petitioner, post is to be filled in by 2 promotion. It appears that the State Government granted sanction to the creation of post of Principal by Resolution dated 20-1-1993 and prescribed qualification for that post. The Government, however, did not lay down the mode of recruitment. 2. Perusal of provisions of Section 53 of the Bombay Provincial Municipal Corporations Act 1949 shows that considering the pay of the post of Principal, the Corporation will be the competent authority to make appointment to the post of Principal and therefore, in terms of the provisions of Section 457(3)(a) of the Bombay Provincial Municipal Corporations Act, the mode of appointment can be prescribed by the Rules framed under Section 457 of the Act. We have not been pointed out any Rules framed under Section 457 governing the mode of recruitment 3 to the post of Principal. In the absence of any Rules to be framed, the matter will be within the discretion of the Corporation which is the appointing authority and therefore, if in exercise of that discretion the Corporation decides to fill in the post of Principal by direct recruitment, in our opinion, no exception can be taken to it. 3. The learned Counsel appearing for the Petitioner relied on Pimpri Chinchwad Municipal Corporation Regulations. Perusal of those Regulations, however, shows that they are not applicable to the post specified in sub-section 3(a) of Section 457 of the Act and therefore those Regulations will not apply. Petition is, therefore, rejected. (D.K.DESHMUKH, J.) (A.R.JOSHI, J.)