CHANDRASHEKARAIAH, J. ( 1 ) BY consent of parties, this petition is heard on merits. ( 2 ) THE petitioner has been working as Assistant Engineer in the3rd respondent. As the post of Assistant Executive Engineer was vacant, the petitioner was asked to work in the said post by holding additional charge by order dated 17. 11. 1997. The State Government by its order dated 7. 12. 2000 (Annexure-M) appointed the 4th respondent on deputation as Assistant Executive Engineer in the 3rd respondent. This order of deputation has been questioned by the petitioner in this petition. ( 3 ) THE learned Counsel for the petitioner submits that theappointment of the 4th respondent as Assistant Executive Engineer is contrary. to Rule 4 (4) of the Karnataka Municipalities (Recruitment of Officers and Servants) Rules, 1971 (for short 'rules') and therefore, his posting as Assistant Executive Engineer on deputation is illegal and liable to be quashed. ( 4 ) SRI S. P. Kulkarni, learned Counsel for respondent-4 submitsthat since the post of Assistant Executive Engineer in the 3rd respondent was vacant, the Government is justified in posting the 4th respondent on deputation to work as Assistant Executive engineer, it is not the case of the Municipal Counsel or the State government that there are no eligible candidates available in the 3rd respondent for promotion to the post of Assistant Executive engineer. In this background it is just and necessary to examine whether the appointment of 4th respondent as Assistant Executive engineer on deputation is in accordance with the Rules. Rule 4 (4} of the Rules reads as follows:-"4. Procedure of Appointment. (1) Subject to the provisions of the Kamataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959 and the rules and orders made thereunder, appointments to municipal services shall be made. (iv) in the case of technical posts like Engineering, Health and Accounts, the posts shall be filled by promotion and if suitable candidates are not available for promotion, by deputation from the appropriate State Civil Services, the condition of deputation being determined in accordance with the provisions of the karnataka Civil Services Rules. " ( 5 ) FROM a reading of the above Rule, it is clear that the State government may appoint a person on deputation in respect of a post like Engineering, if no suitable candidates are available for promotion are applicable. " ( 5 ) FROM a reading of the above Rule, it is clear that the State government may appoint a person on deputation in respect of a post like Engineering, if no suitable candidates are available for promotion are applicable. As stated earlier, it is not the case of the municipal Council, that no suitable candidates for promotion are applicable. If that is so, the State Government without ascertaining or determining whether there are any persons available for promotion in the Municipal Council, ought not to have posted the 4th respondent on deputation as Assistant Executive Engineer. From the pleadings and certain Annexures, I find that the petitioner is one of the available candidates for promotion to the post of Assistant Executive Engineer. If that is so, in the event the State Government finds that he is not suitable for promotion then only the State Government could have appointed the 4th respondent in the 3rd respondent to work as assistant Executive Engineer. In the instant case since the government has not determined whether there are any suitable candidates or not for the purpose of promotion ought not to have taken steps to appoint the 4th respondent on deputation to work as asst. Executive Engineer in the office of the 3rd respondent. Therefore, the order of appointment of 4th respondent as per annexure-M is contrary to rules and it is liable to be quashed. ( 6 ) IN the result, I pass the following order: Writ Petition is allowed. The impugned order Annexure-M is quashed however, the State Government is directed to give posting to the 4th respondent consequent on quashing his appointment on deputation as Assistant Executive Engineer to work in the 3rd respondent. Further, if any proposal has been sent by the 3rd respondent for filling up the post by promotion the same may be considered by the State Government. --- *** --- .