-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.5324 OF 2006 PETITION NO.5324 OF 2006 PETITION NO.5324 OF 2006 Shri Chandrakant N. Landge and ors. ...Petitioners v/s Pimpri Chinchwad Municipal Corporation and others ...Respondents Mr D.B. Lonkar for Petitioners. Mr G.H. Keluskar for Respondent Nos.1 and 2. Mr J.B. Kotecha for Respondent Nos.4 to 6, 8 to 10. Mr C.R. Sonawane, AGP for Respondent No.11. CORAM : D.K. DESHMUKH AND R.Y. GANOO JJ. DATE : 23RD JUNE 2008. -2- P.C. :- 1. The petitioners admittedly were in the services of respondent No.1 - Corporation. The petitioner Nos.1 to 3 were promoted to the post of Administrative Officer in the year 1995 and petitioner Nos.4 and 5 were promoted to the post of Administrative Officer in December 2001. It appears that the Corporation, after promoting the petitioners, moved the Government for relaxing the condition imposed in the order sanctioning creation of the posts of Administrative Officer that the person to be promoted to the said post should be a graduate. Admittedly, none of the petitioners are graduate. The Government by letter dated 17th February 2006 declined to relax the condition of educational qualification. Therefore, the Corporation issued an order dated 30th May 2006 reverting the petitioners from the post of Administrative Officer. The contention of the petitioners is that there are no Rules framed by the Corporation laying down educational qualification for the post of Administrative Officer. Therefore, the Corporation and the Government could not have insisted on the requirement of the candidate being a graduate. It was further contended that previously some persons -3- who were not graduates were promoted to the post of Administrative Officer by the Corporation and they were continued in that post and the condition of educational qualification was relaxed by the Corporation. On behalf of the Corporation, Government Resolution dated 20th February 1990 has been placed on record. By that Resolution, the Government has sanctioned creation of the post of Administrative Officer and has laid down a condition that the candidate to be promoted or to be appointed directly should be a graduate and he should have experience of seven years. According to the Corporation, under the Act, sanction of the State Government is necessary for creation of post and the State Government, in exercise of that power while sanctioning creation of the post has laid down the condition of the appointee being a graduate as necessary qualification. The Government was moved for relaxing the condition of educational qualification in case of petitioners but the Government did not relax that condition. Therefore according to the Corporation, they have no option but to revert the petitioners. 2. We have heard learned counsel for both the sides. We have gone through the record. It is apparent from the record that the Government sanctioned creation of two posts of Administrative Officer by Government Resolution dated 20th February 1990 and laid down the -4- condition that the person to be promoted or appointed to that post should be a graduate. The Government by further order sanctioned creation of the post of Administrative Officer but there is nothing on record to show that the Government at any point of time relaxed or removed the condition that the incumbent should be a graduate. Admittedly, the Government has the power to sanction creation of the post. Obviously therefore, the Government has the power to lay down necessary educational qualification to the said post. In our opinion, therefore, the condition of graduation laid down by the State Government cannot be faulted. So far as the question whether the order of the State Government declining to relax that condition is concerned, nothing has been pointed out to us which will create any doubt about the validity of that order. Only because the Corporation in the past appointed some persons who were not graduates cannot be said to be the reason for the State Government to relax the educational qualification in case of post of Administrative Officer. The post of Administrative Officer is an important post. In our opinion, therefore, if the Government insists that the person who is holding such an important post should at least be a graduate cannot be said to be unreasonable. It is common ground that the only ground for reverting the petitioners from the post of Administrative Officer is the Government declining to -5- grant relaxation in the educational qualification. As we find that there is no error committed by the Government in declining to relax the educational qualification, no fault can be found with the order of the Corporation ordering reversion of the petitioners from the post of Administrative Officer. In the result therefore, petition fails and is dismissed with no order as to costs. . In view of the order passed in the writ petition today, civil application No.1118 of 2008 does not survive for consideration. Civil application is disposed off. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( R.Y. GANOO J.)