1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6558 OF 2009 Ajai Kumar ...Petitioner v/s Indian Institute of Tropical Meteorology and anr. ...Respondents Mr P.A. Saratkar for Petitioner. None for Respondents. CORAM : D.K. DESHMUKH AND A.R. JOSHI JJ. DATE : 4TH JANUARY 2010. 2 P.C. :- 1] By this petition, the petitioner challenges selection of the respondent No.2 for appointment to the post of Administrative Officer in respondent No. 1. The only challenge is that the respondent No.2 did not fulfill the criteria regarding age and experience as per the advertisement dated 10th July 2009. However, it appears from the documents placed on record that the criteria about experience and age was relaxed at the time of shortlisting the candidates for interview. The case of the petitioner is that the criteria about age and experience has been relaxed by the respondent No.1 only to accommodate the respondent No.2. The learned counsel appearing for petitioner is not in a position to show that if the recruitment is governed by the Rules whether there is any provision in the Rules permitting relaxation of the eligibility conditions. However, the documents placed on record suggest that there is such a power vested in the authority. If there is a power in the Rules and in 3 exercise of that power, relexation is granted, that can be faulted only if the power is exercised by the authority with malafide intention but there are no allegations of malice made against anybody, no individual has been joined as a party who had malice against the petitioner or in favour of the respondent. We do not find any substance in the petition. Petition is rejected. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE A.R. JOSHI )