Judgment :- 1. The question for determination in this petition is the true meaning and effect of R.5 of the Rules dated 8-6-1953. The relevant part of the Rules reads as follows: "Appointment shall ordinarily be made by direct recruitment and by promotion of persons already, in Municipal service possessing the prescribed qualifications, in equal proportions. It shall however be open to Government to vary this proportion, if on the occurrence of vacancies in the cadre, suitable persons with the prescribed qualifications are not available for promotion from Municipal service or in exceptional cases, to appoint as Municipal Commissioners suitable persons in Government service on foreign service conditions". 2. According to that rule, 50 per cent of the vacancies of the Municipal Commissioners should ordinarily be filled up by direct recruitment and 50 per cent by promotion from the Municipal Service. This principle has apparently not been followed, & I think the best course will be to direct the Government to review the position in the light of the principle mentioned above. 3. Order accordingly. 4. If any of the candidates chosen by the Public Service Commission for direct recruitment happens to be a municipal employee entitled to promotion as a Municipal Commissioner he will, of course, not be debarred from getting that promotion simply because the Public Service Commission had found him suitable for a direct recruitment as a Municipal Commissioner. If such an employee is promoted, however, his appointment should be considered as coming out of the quota reserved for promotion, and not from the 50 per cent reserved for direct recruitment. 5. The petition will stand disposed of as above. No costs.