JUDGMENT 1. - In this writ petition by means of public interest litigation the petitioner has prayed that the respondents be directed not to appoint any person on the post of Chief Fire Officer who does not possess the qualification as provided in the Rajasthan Municipal Service Rules, 1963. 2. In so far as the post of Chief Fire Officer is concerned, under the Rules, it is 100% promotional post, the channel of promotion from amongst the employees holding the post of Fire Officer. The eligibility prescribed under the Rules for Chief Fire Officer is Matric or SSC, (ii) having passed Divisional Officer Course from National Fire Service College, Nagpur or the degree or diploma equivalent to Associate Membership of Institute of Fire Engineers, and (iii) the experience of ten years in full time Fire Brigade and out of that five years experience must be that of Fire Officer. 3. Though reply to the affidavit has been filed by the respondents and a plea has been set up that this public interest litigation at the instance of the petitioner is not probono publico yet in our considered view this aspect need not detain us as there cannot be any objection to the post of Chief Fire Officer being filled up by the candidates who possess the requisite eligibility. 4. An additional affidavit has been filed by the respondents today setting out the duties and responsibilities cast upon the Chief Fire Officer through administrative orders thus : "(a) To provide technical advice to the department in the matter of fire services, including inspection and advice on the matters of fire equipments and manpower, fire stations etc. (b) To inspect and approve fire vehicles and other large machineries of fire extinguishing. (c) To provide technical and advisory support in the matter of precaution towards fire safety, fire extinguishment etc. (d) Supervisory control on the fire staff subordinate to him." 5. It is admitted in the additional affidavit that Gopi Chand Sharma who was earlier holding the post of Chief Fire Officer, Jaipur has already retired in the year 2002 and since then no Chief Fire Officer, Jaipur has been appointed. (d) Supervisory control on the fire staff subordinate to him." 5. It is admitted in the additional affidavit that Gopi Chand Sharma who was earlier holding the post of Chief Fire Officer, Jaipur has already retired in the year 2002 and since then no Chief Fire Officer, Jaipur has been appointed. The reason for non-appointment on the post of Chief Fire Officer, Jaipur that has been set out in the additional affidavit is that non of the existing Fire Officers comes into the zone of consideration and, therefore, since the year 2002-03, every year vacancy has been carried forward. 6. In view of the duties and responsibilities that has been cost upon the Chief Fire Officer, the post of Chief Fire Officer cannot be left unfilled for a long period. It is already more than five years since the last Chief Fire Officer retired. The State Government needs to appoint Chief Fire Officer, Jaipur who fulfills the eligibility on contract basis until the Fire Officer/s come into zone of consideration as per the eligibility prescribed in the Rules. 7. We, accordingly, dispose of this writ petition by the following order : (a) If none of the existing Fire Officers came into the Zone, of consideration for filling up the post of Chief Fire officer, Jaipur, the respondents shall immediately take steps in appointing a person fulfilling the eligibility prescribed in the Service Rules as Chief Fire Officer on contract basis. (b) The exercise for the appointment of Chief Fire Officer on contract basis by a person fulfilling the eligibility prescribed in the Rules shall be completed by 31st December, 2007. (c) The appointment of Chief Fire Officer, Jaipur on contract basis shall only be for the period until suitable person from amongst the serving Fire Officers comes into the zone of consideration and fulfill the eligibility as prescribed in the Rules. Order accordingly. *******