(1) 21-WP-5812-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5812/2026 PURUSHOTTAM S/O KAILASH GIRI AND OTHERS. VS STATE OF MAHA., THR. PRINCIPAL SEC., URBAN DEV. DEPT. MUMBAI AND ORS. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. M.M. Sudame, Senior Advocate, a/b. Mr. A.M. Sudame, Advocate for the Petitioner (s). Mr. N.R. Patil, AGP, for the Respondent No.1. Mr. J.B. Kasat, Advocate for Respondent No.2. CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ. DATE : OCTOBER 07, 2026. 1. Heard. 2. The challenge is to the order dated 15.07.2026 passed by Respondent No. 1, whereby approval to the petitioners’ appointment as Deputy Engineer by promotion has been refused. The reason for refusal is that the petitioners have not acquired B.E. Civil Degree. 3. There is no dispute that the petitioners were working as Junior Engineers in the establishment of Respondent No. 2—Nagpur Municipal Corporation. 4. Mr. A.M. Sudame, learned Senior Counsel, has invited our attention to the Rules governing promotion. The Rules indicate that the post of Deputy Engineer will be filled in the ratio of 90:10, of which 90% is reserved for promotion. Out of 90%, there is a quota for promotion from amongst the Junior Engineers working in the establishment. The remaining quota is also for Junior Engineers, but having a graduate degree as recognized by AICTE or equivalent qualification of AMIE. Kartikeya 2026:BHC-NAG:13398-DB (2) 21-WP-5812-2026 5. The argument is that since the petitioners were working as Junior Engineers, even if they do not possess the qualification of B.E. Civil and/or AMIE, they are eligible for promotion in terms of the first part of the eligibility criteria. 6. This aspect, however, has been not considered by Respondent No. 1 while refusing to accord approval to the select list/proposal forwarded by Respondent No. 2. In other words, though Respondent No. 2 recommended the names of the petitioners for appointment as Deputy Engineers by promotion from the Cadre of Junior Engineers in terms of the Nagpur Municipal Corporation Departmental Examination Rules for Employees, 2023 (for short, “the Rules of 2023”), Respondent No. 1 placed reliance upon the second part of the eligibility criteria, which provides that 50% of the 90% is reserved for promotion from the cadre of Junior Engineer having B.E. Civil or AMIE qualification. Respondent No. 1 ignored the first part of the eligibility as mentioned above. 7. The order under question, is, therefore, unsustainable. The petition is, accordingly, partly allowed. The order dated 15.07.2026 passed by Respondent No. 1 is quashed and set aside. Respondent No. 1 shall consider the proposal in the light of the Rules of 2023 and what we have noted in the body of the order and take a decision within four weeks and communicate the same to the petitioners. 8. The petition is disposed of in terms of above. (JUDGE) (JUDGE) Kartikeya