-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 263 OF 2009 Vikas Laxman Bobade and others ... Petitioners versus Union of India and others ... Respondents Mr. P.N. Patil for the petitioners. Mr. Afroz Shah with Mrs. Rutuja Ambekar for respondent No.1. Mr. P.K. Rele, instructed by Mr. Piyush Shah for respondent No.2. CORAM: P.B. MAJMUDAR & R.M. SAVANT , JJ. DATE: APRIL 22, 2009 P.C. The grievance raised by the petitioners in this petition is to the change in the selection criteria for the appointment to the post of Fire Fighters with respondent No.2. On the basis of the earlier advertisement, the petitioners had applied for appointment to the said posts and they were interviewed but before any appointment orders were given, another advertisement was given for the said post. In the said advertisement, the criterion of two years experience has been added. It is not in dispute that the petitioners had appeared for the interview but neither the petitioners nor anybody was found fit for such appointment and, therefore, the posts are still vacant. -2- 2. Learned counsel appearing for the petitioners submitted that the second respondent should not have changed the criterion at the instance of the Union. In this behalf, an affidavit-in-reply has been filed by the second Respondent wherein it has been pointed out under what circumstances a fresh advertisement was published. It is not in dispute that on the basis of second advertisement, the petitioners had applied and in fact they were interviewed also. None of the candidates was found fit for such appointment and accordingly now respondent No.2 will have to adopt fresh selection process for the posts in question. The petitioners having appeared before the Selection Committee on the basis of the second interview now cannot make a grievance that the respondents should not have changed the criterion. In the said affidavit-in-reply, the respondents have categoricaly stated the reasons as to why it was necessary for them to change the criterion. 3. Under the circumstances, we do not find any substance in the grievance raised by the petitioners. However, as and when any fresh selection process is undertaken by respondent No.2 and if the petitioners apply for the said post and if found eligible, their claim will have to be considered along with others. In order to see that the posts in question are not required to be kept vacant for a longer time, respondent No.2 may now start the process of fresh selection expeditiously. -3- 4. The petition is disposed of in the aforesaid terms. P.B. MAJMUDAR, J. R.M. SAVANT, J.