Manash Nath Roy, J. - (1.) In this Rule the petitioners have challenged a recommendation made by the Municipal Service Commission, Respondent No. 5 in favour of Shri Sourendra Nath Basu, Respondent No. 4 by their letter No. 806 MSC/IP - 5/75 dated April 24, 1975 in preference to them for substantive appointment to the permanent post of Deputy License Officer, Corporation of Calcutta in the grade of Rs. 535-20-555-25-780-30-840-35-875/- on a consequential vacancy created by the promotion of one Shri Gouranganath Banerjee.
(2.) The petitioners who are employed as Senior Inspectors of the License Department of the Corporation of Calcutta have alleged that they have duly crossed the efficiency bar and are entitled to be considered for promotion to the post of Deputy License Officer which incidentally carries a maximum salary above Rs. 700/- but below Rs. 1500/- per month.
(3.) The relevant provisions of the Calcutta Municipal Act, 1951 as amended from time to time and those of the Calcutta Municipal Service Commission Rules 1953, framed in exercise of the powers conferred by section 82 (2) of the said Act relevant for the purpose of this case are:- "Calcutta Municipal Act, 1951" Section 81 (1)... Section 81 (2): Appointments to posts carrying a maximum salary above three hundred rupees but below one thousand and five hundred rupees per month shall be made on the recommendation of the Municipal Service Commission. Section 81 (3) ... Section 81 (4) ... Section 81 (5) ... Section 81 (6) ... "Calcutta Municipal Service Commission Rules, 1953" Rule 29 : In matters for which no provision is made by these rules, the Commission may regulate its proceeding in such manner as it thinks fit. Rule 30 : The Commission may at any time call for any record, report or information, which may in its opinion, be necessary to enable it to discharge its functions, from the Corporation, and such record, report or information shall be forwarded to the Commission without undue delay by the Corporation. Rule 31 : When an examination referred to in sub-section (3) of section 81 of the Act is to be held for the purpose of recommending candidates for appointment, the Commission shall - (i) prescribe necessary rules for the examination including the syllabus ; (ii) announce the probable number of vacancies to be filed ; (iii) conduct the examination ; (iv) finalise the results and arrange the candidates in order of merit on the results of the examination ; and (v) recommend as many candidates as there are vacancies, to the appointing authority, subject to sufficient number of qualified candidates being available. Rule 32; When appointments are to be filled by direct recruitment otherwise than on the results of an examination referred of in rule 31 the Commission shall - (i) announce the probable number of vacancies and invite applications ; (ii) consider all applications received and interview such candidates (after holding a preliminary written test, if deemed necessary), as it considers most suitable for appointment ; (iii) recommend to the appointing authority as many candidates as there are vacancies subject to sufficient number of qualified candidates being available. Rule 33 : When recruitment is to be made by promotion, the Commission consider the claims of officers eligible for promotion, on examination of their records of service and after interviewing them, where considered necessary, and recommend to the appointing authority as many officers as there are vacancies, subject to sufficient number of officers being found suitable. Rule 34 : In any case in which the advice or recommendation of the Commission is sought the record of the case shall be forwarded to the Commission and the opinion given or recommendation made by the Commission shall form part of the record of the case.;