Judgment

Pattanaik, J.-These appeals by the Nagpur Improvement Trust are directed against the judgment of the Division Bench, Bombay High Court in Writ Petition No. 781 of 1988 and Writ Petition No. 1945 of 1989. By the said judgment under challenge, the High Court has quashed the promotion of the private respondents to the post of Assistant Engineer (Civil), inter-alia, on the ground that there has been no rules framed by the State Government to promote people in the technical line and in the absence of such rule, it is not possible for the Trust/Board to appoint people either on the basis of any decision of the Board or under any executive instructions evolved by the Board.

2. The private respondents moved the High Court under Article 226 of the Constitution alleging that the posts of Engineering Supervisor and Assistant Engineer under the Board are required to be filled up by promotion from among the Junior Engineers. It was also alleged that the Trust had issued an advertisement in the year 1981 inviting appli­cations for the post of Assistant Engineer laying down Degree in Civil Engineering with three years’ experience as the eligibility criteria. This eligibility clause was lat