ORDER : 1. This petition under Article 226 takes exception to the eligibility criteria fixed by the Maharashtra Public Service Commission for admission to the screening test for the post of Ward Officer, Bombay Municipal Corporation (BMC). The petitioner is a Trade Union registered under the Trade Unions Act, 1926, representing a large number of BMC employees. The petitioner Union has filed this petition for and on behalf of Pest Control Officers working in the Insecticide Branch of the Health Department of the BMC listed in Ex. A to the petition. 2. Briefly the facts are that the BMC by its notification no. NBM-10(a)(3)/34/XM dated May 15, 1996 caused an advertisement through the Maharashtra Public Service Commission (MPSC) in the local newspaper inviting applications for 11 vacancies of Ward Officers in the Municipal superior service. In the said notification qualifications, eligibility criteria and other requirements are stated. Clause 4 of the said notification lays down qualifications and it reads as follows :- "2. Qualifications :- Candidates must - (1) possess a degree in Arts, Science, Law, Commerce, Medicines or Engineering of a recognised University or an equivalent qualification; and (2) have administrative, executive or supervisory experience in a responsible capacity for not less than five years in Government, Semi-Government or any big industrial or commercial concern". 3. The sub-clause (3) of Clause 4 of the notification provides that if the number of prima facie eligible candidates applied for the post is disproportionately large in comparison to the number of posts available, a screening test may be held or suitable criteria may be held or suitable criteria may be adopted for short - listing candidates for interviews. Pursuant to sub clause (3) of Clause 4 the following criteria is fixed by the Maharashtra Public Service Commission : "To be eligible for admission to the Screening Test, candidates must satisfy the following criteria in regard to administrative, executive or supervisory experience in responsible posts :- (1) For persons already working in the Brihan Mumbai Municipal Corporation five years experience in the supervisory posts not below the rank of posts mentioned below :- (i) Assistant Engineer in the pay scale of Rs. 2800-4700 (ii) Assistant Medical Officer in the pay scale of Rs. 2600-4660 (iii) Sub-Engineer in the pay scale of Rs. 3600-4000 (iv) Office Superintendent in the pay scale of Rs. 2800-4700 (ii) Assistant Medical Officer in the pay scale of Rs. 2600-4660 (iii) Sub-Engineer in the pay scale of Rs. 3600-4000 (iv) Office Superintendent in the pay scale of Rs. 2600-4060 (2) Persons working in the State Government/Semi-Government Organisation :- Five years experience in a supervisory gazetted post or other supervisory posts in the pay scale, the minimum basic pay of which, is Rs. 2000/- or more. (3) Persons working in other organisations :- Five years experience in supervisory posts which are equivalent to above posts in pay and status". 4. The Pest Control Officers listed in Ex. A are drawing basic Pay of Rs. 2340/-. Now by reason of the revision of pay-sale which has been effected on July 1, 1995 their basic salary is increased to Rs. 5800/- with retrospective effect from July 1, 1995. It seems that in the past, the cadre of Pest Control Officers was held eligible to compete for the post of Ward Officer and eligible Pest Control Officers were promoted as Ward Officers. In fact one of the Pest Control Officers was promoted as Deputy Municipal Commissioner. It is the grievance of the petitioner Union that Pest Control Officers are not allowed for the screening test only on the ground that their basic pay scale is less than Rs. 2600/- which is the scale of an Office Superintendent. It is contended by the Union that an Office Superintendent whose work is not as responsible as that of a Pest Control Officer is permitted while the Pest Control Officers are denied admission to the screening test by applying wholly arbitrary criteria of pay scale. The Union points out that persons working in the State Government and Semi-Government organisations drawing the minimum basic pay scale of Rs. 2,000/- are allowed for the screening test whereas the eligible municipal employees as the Pest Control Officers are denied even basic right to appear for the test by fixing a criteria of higher pay scale. It is contended by the Union that criteria of minimum basic pay scale is clearly discriminatory, arbitrary and unreasonable. It is also contended that the criteria should not be the pay scales but the status and nature of the work discharged by the concerned employees. It is contended by the Union that criteria of minimum basic pay scale is clearly discriminatory, arbitrary and unreasonable. It is also contended that the criteria should not be the pay scales but the status and nature of the work discharged by the concerned employees. It is contended by the petitioner that while persons working in administrative, executive or supervisory capacities in State Government, Semi-Government or other private organisations or industrial or commercial concerns are held to be eligible for screening if they draw Rs. 2000/- as the basic salary, whereas in respect of the municipal employees like the Pest Control Officers, they are excluded even from the screening test even though they are otherwise eligible. 5. In contesting the petition, the MPSC has filed affidavit of Surendra Narayan Hanumante, Superintendent. It is contended by the MPSC that the Ward Officer in BMC is a very senior administrative post and is in charge of the local administration of the entire ward in the city of Mumbai. He is required to perform various types of supervisory and administrative duties. The pay scale of the post of Ward Officer is Rs. 3930-5730 and total initial emoluments including allowances is around Rs. 9900/- per month. It is pointed out that the appointment to the post of Ward Officer is also made by promotion from Assistant Engineer, Office Superintendent, Assistant Medical Officer in BMC which are in the pay scale of minimum of which is not below Rs. 2600/-. It is, therefore, contended that so far as the BMC employees who want to apply for the post of Ward Officer the requirement of promotion to the post of Ward Officer is taken as a guideline for deciding the responsible post of BMC for calculating prescribed experience by the Commission. Any Officer drawing the pay in the pay-scale minimum of which is below Rs. 2600/- in the BMC is considered not to possess the prescribed experience. It is stated that this was done with a view to short-list the candidates since large number of applications were expected. It is contended that the preliminary screening is done on some definite principles and cannot be called arbitrary or illegal. It is contended that it has been the experience of the Commission that they receive applications in adequate number from BMC employees who are working in higher pay scales. It is contended that the preliminary screening is done on some definite principles and cannot be called arbitrary or illegal. It is contended that it has been the experience of the Commission that they receive applications in adequate number from BMC employees who are working in higher pay scales. The Commission, therefore, unanimously decided not to admit candidates carrying lower pay scales of Rs. 2600/- per month. The criteria fixed by the Commission is reasonable and acceptable. It is also contended that as far as the Government employees are concerned, the minimum pay scale was taken to be Rs. 2000/- because Government servants are receiving pay scales less than the BMC employees and the salaries of the Government servants are not revised since 1986, whereas the salaries of the BMC employees are revised in 1993. It is contended that the administrative, executive or superior experience in responsible posts is considered on the basis of basic salary drawn and the administrative experience, responsibilities and duties assigned to the post. In these circumstances, it is prayed that the petition be dismissed. 6. At the outset, it is required to be noted that it is not disputed before me that the Pest Control Officers are otherwise qualified to apply for the post of Ward Officer. It is also conceded by the Counsel for the BMC that in the past the Pest Control Officers were considered as eligible for the post of Ward Officer. It is common ground that one Bhalchandra who was working as Pest Control Officer was selected as a Ward Officer by the MPSC. It has also come on record that the Pest Control Officer is in charge of the Pest control Office established in each municipal to ward. Mr. Kochar, learned Counsel for the petitioner, brought on record a detailed chart showing the nature of supervisory and administrative functions discharged by a Pest Control Officer. The correctness of the chart produced as by Mr. Kochar is not disputed by the Counsel for the BMC. The only ground on which the Pest Control Officers are excluded from the screening test is that their pay scale is less than Rs. 2600/-. 7. Mr. Kochar strenuously contended that pay scale cannot be a criteria at all for determining the eligibility for screening test. Kochar is not disputed by the Counsel for the BMC. The only ground on which the Pest Control Officers are excluded from the screening test is that their pay scale is less than Rs. 2600/-. 7. Mr. Kochar strenuously contended that pay scale cannot be a criteria at all for determining the eligibility for screening test. It was urged that in many cases pay scale cannot be decisive and what is really required to be seen is the nature of the duties performed by the Officer. Mr. Kochar also urged that even assuming that pay scale is a valid criteria it was wrong on the part of the MPSC to fix minimum pay scale of Rs. 2600/- as the criteria for the eligibility test. Mr. Kochar argued that there is absolutely no justification for such discrimination between the municipal employees and the employees working in the Government, Semi-Government or private organisations. Mr. Kochar pointed out that no justification whatever is shown for fixing the minimum pay scale of Rs. 2000/- as the criteria for the employees working in the Semi-Government and private organisations. 8. I find considerable force in the contention of Mr. Koehar. Even assuming that pay scale can be a valid criteria for admission to the screening test, in my opinion, Mr. Kochar is right in his grievance that there is discrimination between the municipal employees and the employees working in other sectors. It is stated in the affidavit of MPSC that the Government servants' pay scales are lower than the pay scales of the municipal employees and that there is no revision of their pay scales in the recent past. Assuming that what is stated about Government servants is correct, there is no justification forthcoming for fixing the minimum pay scale of Rs. 2000/- for the employees working in Semi-Government undertakings and other organisations while excluding at the same time eligible employees of BMC whose pay scales are more than Rs. 2000/- and who are otherwise eligible for the post of Ward Officer. The Pest Control Officers who are otherwise eligible ought not to have been barred at the threshold from even appearing for the screening test only on the ground that their pay scale is less than Rs. 2600/-. It is an admitted position that in the past Pest Control Officers were permitted to compete for the post. The Pest Control Officers who are otherwise eligible ought not to have been barred at the threshold from even appearing for the screening test only on the ground that their pay scale is less than Rs. 2600/-. It is an admitted position that in the past Pest Control Officers were permitted to compete for the post. I do not see any reason on the part of the MPSC to depart from the past practice particularly when the employees from the other sectors are held to be eligible although their pay scale is lower than the pay scale of the members of the petitioner. In this connection reference may be made to an unreported decision of Bharucha, J. in Appeal No. 560 of 1987 in Writ Petition No. 600 of 1986 Ramrao Tukaratn Khedkar & Ors. v. The Municipal Corpn. of Greater Bombay & Ors. where in a somewhat similar situation the criteria of 10 years' experience for screening test was held to be unconstitutional. 9. In view of the foregoing discussion, Rule is made absolute in terms of prayers (a) and (b). No order as to costs. The authorities concerned to act on an ordinary copy of this order duly authenticated by the Associate of this Court. Certified copy expedited.