TMI Blog1980 (2) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... Greater Bombay. The appellant in C.A. No. 1954 of 1978 was one of the applicants for the post. By way of an aside we mention that the other appeal, C.A. No. 1955 of 1978 does not call for any adjudication or other consideration in the view we are taking and the Order we are passing in this appeal. The other one is by the Public Service Commission and relates to certain observations which hurt the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an employee in the Bombay Municipal Corporation, applied for the post. Eventually, she was recommended by the Public Service Commission to the Municipal Corporation for appointment. While her name was under consideration by the Municipal Corporation, which was the appointing authority, a Writ Petition was filed by the respondents 1 and 2 challenging the recommendation itself on the score that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he qualifications, namely 10 years' administrative experience and, therefore, quashed the recommendation itself. 3. We consider that the time has not arrived for the Court to adjudicate upon the merits and that the Writ Petition itself was premature. The normal procedure should have been for the recommendation of the Public Service Commission to be considered by the Corporation. It was open ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c Service Commission will be back before the Municipal Corporation of Greater Bombay. According to law the Corporation will take its decision and thereafter in due course It will go for confirmation to the State Government. If any party is aggrieved by the appointment made it will be time enough for such aggrieved party to challenge the appointment. 5. There is one difficulty which the Municipa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntment, that may be made or may have been made meanwhile, will not affect the rights of the parties. We also make it clear that the question of seniority of the appointee who may eventually be chosen and appointed as Deputy Municipal Commissioner will have to be decided in other litigation and we should not be taken to have decided that question by this Order. 7. We allow the appeal, set aside ..... X X X X Extracts X X X X X X X X Extracts X X X X
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