B.R. Gavai, J.

Rule returnable forthwith. Heard finally by consent.

2. The petitioners, who are employees in Group "D" on the establishment of Respondent No.1, have approached this Court praying for quashing and setting aside that part of Rule 29(b) of the Bombay High Court Appellate Side Service Rules, 2000 (hereinafter referred as to "the Rules of 2000") which provides for upper age limit for promotion to the posts of Clerks, Section Writer/Typist and the proviso thereto which restricts the number of promotees to 10% of the vacancies in any year of recruitment.

3. The facts are not much in dispute. Twenty petitioners herein have been appointed on various posts in Group "D" category on various dates. The petitioners contend that, if the provisions of Rule 29 of the Rules of 2000 are read as it is, the petitioners and the similarly circumstanced employees in Group "D" category would be left at the mercy of the Registrar of the High Court and the Hon'ble Chief Justice with regard to their promotions, irrespective of they possessing requisite qualification. It is also the contention of the petitioners that, by now, 'the right to promotion' has been held to be 'the fundamental