The employer's decision on recruitment and promotion falls within its exclusive domain, and judicial review can only be exercised if there is a violation of constitutional or statutory provisions, arbitrariness, or mala fides.

JUDGMENT

DIPANKAR DATTA, J. - The petitioner is the Deputy Director (Legal) of the Maharashtra Electricity Regulatory Commission, Mumbai (hereafter "the Commission", for short). He has been holding such post since 2/7/2012. He has also been holding additional charge of the post of Director (Legal) of the Commission from 18/4/2019. In view of his educational and other attainments, coupled with the fact that he has been working on the post of Director (Legal) for almost three years, the petitioner claims that he is the only eligible and entitled candidate for promotional appointment on the post of Director (Legal) of the Commission.

2. By presenting this writ petition dtd. 28/3/2022, the petitioner seeks the following relief: -

(a) direction upon the respondents to produce entire papers and proceedings including all office notes for grant of promotion to the officers and staff working on the establishment of the Commission from 2017 till date.

(b) direction upon the Commission as well as the Chairman of the Commission "to hold the Petitioner entitled for promotion to the post of Director (Legal), Maharashtra Electricity Regulatory Commission as per the Regulations, 2007, and Amended Regulations, 2011 r/w office order dtd. 9/12/2011 and already passed the Department Examination".

(c) direction upon the Commission and its Chairman to issue "an order of promotion in the name of the Petitioner on the post of Director (Legal), Maharashtra Electricity Regulatory Commission as per the Regulations, 2007, and Amended Regulations, 2011 from 2/7/2017".

(d) direction upon the respondents "to maintain status quo with regard to the post of Director (Legal) Maharashtra Electricity Regulatory Commission during the pendency of present writ petition".

3. It is not in dispute that the post of Director (Legal) of the Commission has been lying vacant for nearly a decade.

It is also not in dispute that previous attempts to fill up the post have proved abortive. Having continued to be in additional charge of the post of the Director (Legal) of the Commission for over three years, it is not unusual for the petitioner to claim that he be considered for promotion on such post; however, we find it somewhat unusual for the petitioner, who is trained in law, to seek relief on terms as noted above. Law is well settled that no Court in exercise of power under Article 226 of the Constitution ought to make a mandatory order directing that a petitioner before it should be promoted to a higher post unless, of course, a very exceptional case is made out for grant of such a relief. This case, for reasons to follow, does not appear to be such an exception where a mandatory order for promotion should be issued.

4. The Commission has framed the Maharashtra Electricity Regulatory Commission (Recruitment of Conditions of Service of Employees) Regulations, 2007 (hereafter "the 2007 Recruitment Regulations", for short). Such regulations contain provisions for appointment on the post of Director (Legal). We consider it appropriate to reproduce below the relevant provisions: -

"1. Director (Legal)

Recruitment to the post of Director (Legal) shall be either: -

(i) By nomination on regular basis, Or

(ii) By appointment on promotion Or

(iii) By appointment on deputation

(i) By nomination on regular basis Educational Qualification: -

Post Graduate Degree in Law from a Recognized University/Law school

Experience: -

(a) Minimum 10 years post qualification experience in appearing in various Courts, representing cases before Judicial/Quasi-Judicial bodies, handling the legal affairs of any Public/private sector organization or Public Authority. The candidate should have atleast 4 years experience in appearing in courts/tribunals/ Forums etc., as an advocate, as defined under the Advocates Act, 1961

(b) Written and verbal communication skills in Marathi and English;

(c) Computer literacy is compulsory;

(d) Candidates having at least 3 years experience in Power Sector/Regulator Commis