JUDGMENT

KRISHNA IYER, J.:— These two civil appeals revolved round the appointment to the post of Deputy Municipal Commissioner in the Municipal Corporation of 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 Commission.

2. The appellant was employed in various capacities in the Municipal Corporation of Greater Bombay, including as Ward Officer and also an Enquiry Officer. The qualifications required for the post of Deputy Municipal Commissioner are in cases where they are directly recruited through the Public Service Commission : (a) administrative experience in a large organisation of not less than ten years and (b) out of this period of ten years at least five years being in a responsible capacity. In the present case the Municipal Corporation instead of choosing the promotion source for appointment decided to request the Public Service C