JUDGMENT By the Court.—These two appeals arise out of a judgment of the learned Single Judge of this Court passed in Writ Petition No. 13138 of 1992 wherein both the appellants in the present appeals were arrayed as respondent Nos. 4 and 5 respectively. The writ petition was filed by the respondent No. 5 Anil Kumar Goel questioning the selection committee proceedings for selection to the post of Accountant in the respondent Jal Sansthan. 2. The challenge proceeded in the writ petition on the ground that the writ petitioner Anil Kumar Goel was much senior to both the appellants and therefore, having been wrongly superseded on account of adoption of a wrong criteria, the selections deserve to be set aside. The respondent petitioner had also moved a representation before the respondent-authority of the Jal Sansthan which was rejected on 28.5.92. The same was also assailed by means of an amendment application in the writ petition. 3. The learned Single Judge proceeding on the assumption that the post was a promotional post, and the criteria for selection to the said post was seniority-cum-merit, allowed the writ petition relying on certain decisions of the Apex Court which are referred to by the learned Single Judge in the impugned judgment. It was further recorded by the learned Single Judge that from a perusal of the impugned order there was no lack of any qualification on the part of the writ petitioner and, therefore, the criteria adopted by the respondent Jal Sansthan dominantly being comparative merit, has vitiated the selection, as the same could not have been adopted, as per the rules applicable and in view of the law laid down by the Apex Court in this regard. The selection and appointment of the appellants was accordingly quashed with a direction to hold the selection for the post in question afresh in accordance with law. 4. The appellants have come up with a case that their selections as Accountants was valid and that the respondent-writ petitioner lacked the minimum qualification for being appointed on the post in question. They further alleged that the minimum qualification required is the same as prescribed for the post of Accountant for similarly situate employees under the Nagar Mahapalika Adhiniyam, 1959. The appellants have come up with a case that their selections as Accountants was valid and that the respondent-writ petitioner lacked the minimum qualification for being appointed on the post in question. They further alleged that the minimum qualification required is the same as prescribed for the post of Accountant for similarly situate employees under the Nagar Mahapalika Adhiniyam, 1959. They contend that the aforesaid aspects of the matter have been incorrectly construed and pleadings were over looked by the learned Single Judge while allowing the writ petition and therefore the judgment and order is liable to be set aside. 5. The matter had been argued on earlier occasions and we had called upon the learned counsel for Jal Sansthan to clarify the position with regard to the qualification and the criteria that was to be adopted for the purpose of selection on the post in question. A counter affidavit on behalf of the respondent Nos. 1, 2 and 3 has been filed in both the appeals and the writ petitioner-respondent Anil Kumar Goel has also filed a short counter affidavit in Special Appeal No. 1029 of 2009 to which a rejoinder affidavit has also been filed on behalf of the appellants. 6. We have heard Sri K.R. Sirohi learned Senior Counsel assisted by Sri Rajeev Gupta for the appellant in Special Appeal No. 1029 of 2009 and Sri Shashi Nandan learned Senior Counsel assisted by Sri Abhishek Srivastava and Sri Sudeep Harkauli in Special Appeal No.1109 of 2009. Sri P.C. Jain learned counsel has been heard for the Jal Sansthan and Sri S.P. Giri has been heard for the respondent writ petitioner Anil Kumar Goel. 7. Before proceeding to examine the claim of either sides, it is necessary to clear of the web that has clouded the controversy, as to us it appears, the learned Single Judge was not assisted properly either on facts or in law and, therefore, the same has resulted in the emergence of a new case altogether before us. 8. It is undisputed that the appellants as well as the writ petitioner Anil Kumar Goel were all working as Accounts Clerk in the Jal Sansthan. The post about which the controversy has arisen is the post of Accountant in the pay scale of Rs. 485-860 against which appointments were to be made. 8. It is undisputed that the appellants as well as the writ petitioner Anil Kumar Goel were all working as Accounts Clerk in the Jal Sansthan. The post about which the controversy has arisen is the post of Accountant in the pay scale of Rs. 485-860 against which appointments were to be made. Against the said post the appellants Ramesh Narain Saxena and Rajesh Kumar were selected by a Selection Committee and were appointed under the orders of the Chairman of the Jal Sansthan on 11.7.89 and 9.4.92 respectively. The selection had been held on 7.6.89, against which the respondent writ petitioner Anil Kumar Goel represented the matter before the Chairman questioning the selection. 9. The first and foremost issue before us is to locate, as to the correct mode of recruitment to the post of Accountant in the Jal Sansthan, namely as to whether it can be filled by promotion or by direct recruitment. This is the admitted case of the parties, that no statutory rules have been framed by the Jal Sansthan with the approval of the State Government prescribing any particular mode. 10. The Jal Sansthan was created with the enactment of the U.P. Water Supply and Sewerage Act, 1975. According to the definition clause Section 2(9) of the said Act, the Jal Sansthan is a local authority constituted by the State Government under Section 18 of the said Act to perform its functions as given thereunder. The power to frame rules and regulations has been provided for under the said Act. For the purposes of making appointment on posts concerning the Jal Sansthan, a specific provision has been made in Section 27 of the Act which is quoted below : “27. Creation of posts and appointment of employees.—(1) The Jal Sansthan may, with the previous approval of the State Government, create such posts of officers and other employees and with such designations as it considers necessary for the efficient performance of its functions. Creation of posts and appointment of employees.—(1) The Jal Sansthan may, with the previous approval of the State Government, create such posts of officers and other employees and with such designations as it considers necessary for the efficient performance of its functions. (2) The appointments to the posts, referred to in sub-section (1) shall be made by the Jal Sansthan on such terms and conditions as it thinks fit : Provided that the appointment on such posts as the State Government may, by rules framed under Section 27-A or by general or special order, specify shall be made and the terms and conditions of appointment on such posts shall be determined with the approval of the Government. (3) Subject to general control and directions of the Chairman, the supervision and control over all employees of the Jal Sansthan shall be vested in the General Manager.” 11. The appointment of the employees under the Jal Sansthan is provided for under Section 8 of the Act which is quoted below : “8. Appointment of employees.—(1) Subject to the provision of sub-section (2), the Nigam may appoint such employees as it considers necessary on such terms and conditions as it thinks fit for the efficient performance of its functions : Provided that the appointment of such employees as the State Government may, by general or special order specify, shall be made in their terms and conditions shall be determined with the approval of the State Government. (2) The Nigam may, with the previous approval of the State Government, appoint a servant of the Central Government or the State Government as an employee of the Nigam on such terms and conditions as it thinks fit.” 12. The appellant as well as the respondent-petitioner both were admittedly appointed as Accounts Clerk in the Jal Sansthan in the year 1982. The Pay Commission which was constituted for the purposes of removing anomalies and making provisions for re-designation of posts and revision of pay scale, submitted a report in the year 1979-80 making recommendations specially with regard to Local Bodies. This document has been filed along with the short counter affidavit of the respondent-petitioner as SCA-2. The Pay Commission which was constituted for the purposes of removing anomalies and making provisions for re-designation of posts and revision of pay scale, submitted a report in the year 1979-80 making recommendations specially with regard to Local Bodies. This document has been filed along with the short counter affidavit of the respondent-petitioner as SCA-2. The said pay scale recommendation is with regard to all Local Bodies and the post of Accountant is referred to at Serial No. 70 with a clear indication in Column 5 thereof indicating that the qualification for appointment to the post of Accountant to receive the salary recommended therein, would be B. Com. with three years experience of Accountancy or having passed an examination of Local Fund Audit Department. A higher pay scale was indicated to those who possess an additional qualification of Diploma in Cost Accountancy. These recommendations found favour with the State Govt. in respect of Local Bodies particularly with regard to Jal Sansthan and a government order was issued implementing the same on 10.12.82 copy whereof is Annexure SCA-1 to the short counter affidavit filed on behalf of the writ-petitioner. The said government order contains an Appendix and the post of Accountant is mentioned at Serial No. 4 incorporating the same qualifications as were recommended by the Pay Commission referred to herein above. 13. A resolution was passed by the respondent-Jal Sansthan, Agra on 29.3.86 a copy whereof is Annexure CA-2 to the counter affidavit filed on behalf of the respondent-Jal Sansthan. A specific agenda was discussed with regard to the appointments on the post of Accountant which had been created with the sanction of the State Govt. The resolution indicates that the qualification for an Accountant would be B. Com. with three years experience and preference should be given to those candidates who have passed the Local Fund Audit Examination. The resolution further records that it unanimously adopts the qualifications prescribed and an approval should be obtained from the Government. The resolution further states that these qualifications would remain applicable so long as service rules are not framed in this regard. On 23.4.1987 the General Manager, Jal Sansthan wrote a communication to the State Govt. a copy whereof is Annexure 8 to the writ petition wherein the General Manager intimated that the qualification for the post of accountant as accepted by the Jal Sansthan was B. Com. On 23.4.1987 the General Manager, Jal Sansthan wrote a communication to the State Govt. a copy whereof is Annexure 8 to the writ petition wherein the General Manager intimated that the qualification for the post of accountant as accepted by the Jal Sansthan was B. Com. with three years experience in Accountancy or in the alternative the candidates who have passed the Local Fund Audit Examination. The pay scale of an Accounts Clerk and of Accountant as per the recommendation of the Commission was also referred to therein. 14. A government order was issued on 22.10.1988 which has been brought on record and was part of the counter affidavit filed in the writ petition. The said government order dated 22.10.88 was issued as a clarification in respect of the employees of the Local Bodies including the Jal Sansthan that so long as rules have not been framed, the rules as applicable to the U.P. Nagar Mahapalika Employees under the U.P. Nagar Mahapalika Adhiniyam, 1959 and the rules in respect of the Municipal Corporation under the U.P. Municipalities Act, 1916 for such similarly situate employees, shall continue to apply. For this reliance has been placed in the government order on Section 38 of the U.P. Water Supply and Sewerage Act, 1975. The said government order indicates that rules have been framed for the Centralised Services and the aforesaid clarification was being issued as no rules had been framed for the Non-Centralised Services. The post of Accountant presently involved continues to be a non-centralised post governed under terms and conditions referred to in Section 8 read with Section 27 of the 1975 Act. 15. Thereafter a selection committee was constituted and the selections under dispute were held on 7.6.89. In the said selection, recommendations were made in favour of the appellants for appointing them against which the respondent-petitioner Anil Kumar Goel moved a representation. The General Manager vide order dated 14.6.89 approved the selections of the appellants and the said order has been filed as Annexure 3 to the writ petition. A perusal of the said document indicates that against the three posts of Accountant that were available one Asim Khisha was found entitled to be regularised as he was continuing on ad hoc basis since 1.3.85. A perusal of the said document indicates that against the three posts of Accountant that were available one Asim Khisha was found entitled to be regularised as he was continuing on ad hoc basis since 1.3.85. The two other posts were described in the said order, as posts to be filled up by direct recruitment against which the appellants were being recommended for appointment on ad hoc basis. The said appointment of the appellants was made keeping in view their seniority, suitability, eligibility, efficiency, character and performance. 16. There is a separate appointment letter in favour of the appellant Rajesh Kumar which is dated 9.4.92 wherein the recital is that in view of the proposal of the selection committee dated 7.6.89, the recommendation of the General Manager dated 1.8.91 and the approval of the Chairman dated 8.4.92, Rajesh Kumar, Accounts Clerk, was being appointed by way of promotion against a substantive vacancy. This document is on record as Annexure 7 to the writ petition. 17. The respondent-writ petitioner Anil Kumar Goel continued to protest against the selections through his representation, and the representation of the respondent-petitioner, along with other representations came to be decided by the General Manager on 28.5.92 copy whereof is Annexure 11. The aforesaid decision was taken pursuant to a direction issued by this Court to decide the same. The said representation proceeded to examine the appointment of the appellants as well. The General Manager came to the conclusion that the qualification prescribed was B.Com. with three years experience of Accountancy and that was the qualification required for promotion/appointment. The General Manager has further concluded that since there were no separate rules framed for recruitment to the post of Accountant and the post was within the cadre of non-centralised service, therefore, in view of the government order dated 22.10.88 the provision of Section 38 of the U.P. Water Supply and Sewerage Act, 1975 would apply and according to which the rules applicable for similarly situate employees, U.P. Nagar Mahapalika Adhiniyam, 1959 would be applicable. 18. Section 38 of the U.P. Water Supply and Sewerage Act, 1975 is quoted below : “38. 18. Section 38 of the U.P. Water Supply and Sewerage Act, 1975 is quoted below : “38. Transfer of employees to Jal Sansthan.—(1) Save as otherwise provided in this section, every person (excluding a member of a service created under (Section 27-A of this Act), Section 69-B of the U.P. Municipalities Act, 1916, and Section 112-A of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959) who was employed exclusively in connection with water supply or sewerage services or sewage works or sewage farms under a local body for the local areas of which a Jal Sansthan has been constituted shall, on and from the said date, become an employee of the Jal Sansthan and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same other terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the said date if the aforesaid water supply and sewerage services, sewage works and sewage farms had not been transferred to and vested in the Jal Sansthan, and shall continue to do so until his employment in the Jal Sansthan is terminated or until his remuneration or other terms and conditions of service are revised or altered by the Jal Sansthan under or in pursuance of any law or in accordance with any provision which for the time being governs his service : Provided that nothing contained in this sub-section shall apply to any such employee who, by notice in writing given to the State Government within such time as the State Government may, by general or special order, specify, intimates his intention of not becoming an employee of the Jal Sansthan : Provided further that the services of any employee referred to in the preceding proviso under the local body, shall stand terminated on account of abolition of the post held by him and he shall be entitled from that local body, to compensation equivalent— (a) in the case of a permanent employee, to three months’ remuneration; (b) in the case of a temporary employee, to one months’ remuneration. (2) Notwithstanding anything in sub-section (1) but subject to any express agreement to the contrary, any person referred to therein, other than a workman as defined in the U.P. Industrial Disputes Act, 1947, who becomes an employee of the Jal Sansthan shall be liable to be transferred from any establishment or undertaking in which he was employed immediately before the said date to any other establishment or undertaking belonging to the Jal Sansthan at the same remuneration and on the same other terms and conditions as govern him immediately before such transfer. (3) If any question arises as to whether any person was exclusively employed in connection with the aforesaid water supply, and sewerage services, sewage works and sewage farms under the local body immediately before the said date, it shall be decided by the State Government. (4) The sums standing to the credit of the employees referred to in sub-section (1) in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the local body concerned by the Jal Sansthan along with any accumulated interest due till the said date and with the accounts relating to such fund and the Jal Sansthan shall, to the exclusion of the local body, be liable for payment of pension, provident fund, gratuity or other like dues as may be payable to such employees at the appropriate time in accordance with the conditions of their service. (5) Notwithstanding anything contained in the U.P. Industrial Disputes Act, 1947, or, in any other law for the time being in force, the transfer of services of any employee to the Jal Sansthan under sub-section (1) shall not entitle any such employee to any compensation under that Act or such other law, and no such claim shall be entertained by any Court, tribunal or authority. (6) Every permanent or temporary employee of a local body becoming an employee of a Jal Sansthan under sub-section (1) shall, on and from the said date be a permanent or temporary employee of the Jal Sansthan, as the case may be, against a permanent or temporary post which shall, stand created in the establishment of the Jal Sansthan with effect from the said date. (7) An employee referred to in the first proviso to sub-section (1) shall be deemed to have continued to be in the service of the local body concerned between the said date and the date of abolition of posts under the second proviso to that sub-section, but the local body shall be entitled to reimbursement from the Jal Sansthan of the remuneration paid by it to such employee for that period and also of the compensation referred to in the second proviso to that sub-section. (8) Nothing in para 426 or para 436 of the Civil Service Regulations as applicable to Government servants or in any other rules relating to employees of the local bodies in relation to retrenchment or abolition of posts shall except to the extent provided in this section, apply to any employee referred to in sub-section (1). (9) Notwithstanding anything contained in (Section 27-A of this Act) Section 69-B of the U.P. Municipalities Act, 1916, and Section112-A of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, or in the rules relating to centralised services made under the said sections, every person belonging to a centralised service referred to in the said sections and rules shall be bound (to service with such Jal Sansthan or the Nigam to which his services are for the time being lent or transferred) by an order of the Director of Local Bodies, Uttar Pradesh, and no such employee shall be entitled to any deputation or other allowances merely on the ground of such deputation, and subject thereto, they shall continue to remain the members of the centralised service on the same terms and conditions as before being placed on such deputation. (10) Notwithstanding anything contained in the foregoing sub-sections— (a) the services of no person who was employed under any local body immediately before the appointed date against whom any disciplinary proceeding was pending or to whom any notice or order of termination of his services or compulsory retirement had been issued before the appointed date shall stand transferred to the Jal Sansthan on or from the appointed date, and such persons may be dealt with after the appointed date, in such manner and by such authority as the State Government may by general or special order specify in this behalf; (b) if the services of an employee of a local body stand transferred under sub-section (1) to the Jal Sansthan, the Jal Sansthan shall be competent after such transfer to take such disciplinary or other action as it thinks fit against or in respect or such employee having regard to any act or omission or conduct or record of such employee while he was in the service of the local body.” 19. Under the U.P. Nagar Mahapalika Adhiniyam, 1959 the provisions made for the terms and conditions of services of employees are provided for in Section 106 and Section 109 of the said Act. In exercise of powers under the aforesaid sections, the State Government notified the rules for the method of recruitment, qualifications etc. entitled “U.P. Nagar Mahapalika Services (Designations, Scales of Pay, Qualifications, Conveyance Allowances and Method of Recruitment) Order, 1963. A copy of the said rules have been filed along with the writ petition. A perusal of the said rules would indicate that the post of Accountant therein has an altogether different qualification, namely having passed the Municipal Board Accountants Examination and an experience of at least of five years in accounts in the Maha Palika. It is further provided that the post shall be filled up by promotion from amongst the Assistant Accountants working in the Nagar Mahapalika. The General Manager while disposing of the representation referred to the aforesaid rules but was of the opinion that in view of the State Government having enforced a separate qualification while making recommendation for change in the pay scale, the qualifications prescribed in the government order would be the minimum qualification for the said post. 20. The General Manager while disposing of the representation referred to the aforesaid rules but was of the opinion that in view of the State Government having enforced a separate qualification while making recommendation for change in the pay scale, the qualifications prescribed in the government order would be the minimum qualification for the said post. 20. On the question of mode of recruitment, the decision of the General Manager on the representation recites, that the rule of promotion was resorted to keeping in view the suitability, eligibility, efficiency, character and performance of every candidates. In the opinion of the General Manager, this was necessary as the post of Accountant was a post of responsibility and, therefore, selection on the said post has to be made cautiously observing the aforesaid ingredients. It has been later on recorded that seniority alone would not be the criteria and, therefore, comparative merit has to be judged. For this the selection committee had taken the services of the senior most Finance Officer of the Department. The General Manager has further concluded that the criteria adopted for granting appointment by way of promotion after scrutinising the candidates on the criteria aforesaid, was the most suitable method and practical as well. Accordingly, the representation filed by the writ petitioner was rejected. 21. In the aforesaid back ground this Court had called upon the learned counsel for the Jal Sansthan to clarify the position with regard to the applicability of the rules and also the mode of recruitment that was to be followed for holding the selection on the post of Accountant. 22. Sri P.C. Jain learned counsel for the Jal Sansthan has pointed out that no rules have been framed and that the selection was conducted from amongst the departmental employees. The counter affidavit filed on behalf of the Jal Sansthan in these appeals states that the post of Accountant is a post to be filled up by direct recruitment and in this view of the matter the recommendations of the selection committee were accepted and the appellant Ramesh Narain Saxena was appointed vide order dated 11.7.89 whereas Rajesh Kumar was issued an appointment order on 9.4.92. 23. 23. From a perusal of the aforesaid facts and the provisions that have been quoted herein above, it is clear that Section 27 of the 1975 Act provides for creation of posts and the terms and conditions to be provided for employees to be appointed against such posts. Section 8 of the 1975 Act further provides for the mode of appointment and the terms and conditions to be prescribed in that regard. 24. The admitted case of the parties is that no rules have been framed for appointment on the post of Accountant separately for the Jal Sansthan. In such a situation it has to be first deciphered as to what would be the mode of appointment/recruitment to the post of Accountant. 25. The government order dated 22.10.88 on which reliance has been placed by the writ-petitioner, renders an explanation that refers to Section 38 of the U.P. Water Supply and Sewerage Act, 1975. The said section relates to only those employees who were employed by the erstwhile Local Bodies and were to be absorbed upon transfer to Jal Sansthan after its creation. Section 38 of the Act does not apply in respect of employees who are to be appointed by the Jal Sansthan after its creation in the year 1975. The said government order was issued in order to specify the terms and conditions of such employees of the non-centralised cadre of the Jal Sansthan for whom no rules had been framed. It is in that context that the provisions of Section 38 had been referred to. 26. In our opinion the aforesaid government order does not relate to any employee having been appointed after the Jal Sansthan was created. As noted above the Jal Sansthan is a local body created under the 1975 Act. Upon its creation the Jal Sansthan has the power to create the post subject to approval of the government and then to make appointment on such terms and conditions as provided for. 27. The Jal Sansthan does not have to rely on Section 38 of the Act read with the provisions of the Mahapalika Adhiniyam, 1959 in respect of the employees who are to be appointed after the creation of the Jal Sansthan. 27. The Jal Sansthan does not have to rely on Section 38 of the Act read with the provisions of the Mahapalika Adhiniyam, 1959 in respect of the employees who are to be appointed after the creation of the Jal Sansthan. It is for this reason that the Jal Sansthan had passed a resolution on 29.3.86 making provisions for the qualification of the post of Accountant in consonance with the government order dated 10.12.82. Consequently the Rules 1963 framed under the Nagar Mahapalika Adhiniyam also would not apply in the present context. The qualification as prescribed under the Government Order dated 10.2.1982 would hold the field so long as the same is in force and not superceded by any other order or rule. 28. There is yet another aspect which has to be taken note of in regard to the applicability of Section 38 of the 1975 Act. Reference has been made to the Nagar Mahapalika Adhiniyam which in terms has framed the 1963 Rules which have been referred to herein above. In the said rules, the post of Accountant is a promotional post and the feeder cadre is that of Assistant Accountants. 29. In the instant case the Jal Sansthan does not have any post of Assistant Accountant, nor is there any indication that the post of Accountant shall be filled up through promotion from any other class of employees of a lower category. The resolution of the Jal Sansthan dated 29.3.86 or the government order do not anywhere indicate that the post of Accountant has to be filled up by promotion. As a matter of fact the appellant and the writ petitioner were working as Accounts Clerks and the rules as well the resolution referred to herein above nowhere make any provision for the promotion of Accounts clerks to the post of Accountant. In this view of the matter the only conclusion that can be drawn is that the post of Accountant in the Jal Sansthan is not a promotional post at all, and this is also evident from the recommendations of the General Manager dated 14.6.89 where the recommendations in favour of the appellants clearly recites that the posts are meant to be filled up by direct recruitment. 30. 30. The letter of appointment issued to Rajesh Kumar which mentions the method of appointment by promotion is not supported either by any rule or regulation or any statute, nor is it supported by any resolution of the Jal Sansthan. Similarly the claim of the writ petitioner Anil Kumar Goel who has been throughout claiming promotion on the post also cannot be countenanced in the absence of any rule which may make a provision for promotion of an Accounts Clerk to the post of Accountant in the Jal Santhan. This leaves us with no option but to conclude that the post of Accountant has to be filled up by direct recruitment and not by promotion which is also admitted to the Jal Sansthan in para 11 of their counter affidavit. 31. The question, therefore arises if the post is not a post which can be filled up by promotion of the Accounts Clerks, then whether the claim of the writ petitioner for such promotion or the alleged promotion of the appellants can be said to be valid or not. In view of the aforesaid conclusions that have been drawn the only possible view that can be taken in the given circumstances of the case, keeping in view the rules applicable, is that the procedure to fill up the post of Accountant by promotion or to treat the post to be a promotional post is not available either to the appellant or the writ petitioner. Accordingly neither the selection of the appellants can be upheld nor can the claim of the writ petitioner to be considered by way of promotion be accepted. 32. The learned Single Judge while proceeding to decide the writ petition has presumed that the post is a promotional post and the criteria to be adopted for selection was seniority subject to the rejection of unfit. The learned Single Judge further applying a couple of decisions on the aforesaid proposition has held that the selections were invalid as seniority had been violated and secondly, the petitioner who was alleged to have not to be in possession of the minimum qualification is also not correct. It is on these grounds that the writ petition was allowed and the selection was quashed. 33. It is on these grounds that the writ petition was allowed and the selection was quashed. 33. In our opinion the aforesaid premise on the basis whereof the writ petition was allowed is not legally sustainable for the reasons given herein above, wherein we have clearly held that the post is not a promotional post and the selection held could not have been sustained on the basis of the criteria which was adopted or which was to be followed as per the opinion of the learned single Judge. In view of the aforesaid conclusions the judgment of the learned Single Judge dated 30.6.09 is unsustainable and deserves to be set aside. 34. The question, therefore, which now remains to be answered is as to what is the procedure that can be adopted by the Jal Sansthan for the purposes of appointment and recruitment on the post of Accountant. The resolution dated 29.3.86 and the subsequent action taken by the Jal Sansthan nowhere indicates the manner in which the appointment has to proceed. They do not clearly recite that it was decided to hold a selection from amongst the internal candidates only. It is only in the counter affidavit filed before this Court, as stated in para 11 thereof, that the respondent Jal Sansthan has come up with a case, that the claim of the eligible Accounts Clerks working in the Jal Sansthan were considered. The recommendation dated 14.6.89 simply recites that the post of Accountant which is a post of direct recruitment has been filled up by appointment of such Accounts Clerks looking to their seniority, eligibility, efficiency, character and performance. In effect it is an assumed method of recruitment which is not backed up by any regulation or statutory rule nor is there any resolution which may indicate that the Jal Sansthan resolved and proceeded to hold the selection only from amongst the internal candidates, namely Accounts Clerks. 35. It is, therefore, imperative for the Jal Sansthan to first either frame a rule or adopt a particular mode of recruitment in accordance with the provisions of Section 8 and Section 27 of the U.P. Water Supply and Sewerage Act, 1975. 35. It is, therefore, imperative for the Jal Sansthan to first either frame a rule or adopt a particular mode of recruitment in accordance with the provisions of Section 8 and Section 27 of the U.P. Water Supply and Sewerage Act, 1975. Unless and until there is a clear rule or a resolution in accordance with the provisions of the Act, allowing the Jal Sansthan to proceed to make appointments would be to permit them to be clothed with unguided and unbridled powers. In our opinion, the Jal Sansthan would not be able to make any appointment or recruitment in the absence of valid criteria and in case it is done, the same would not conform to Articles 14 and 16 of the Constitution of India. The Jal Sansthan being a local body created under the Act cannot travel beyond the Act or proceed in the absence of any rule to undertake recruitment. 36. It would be worth mentioning that the recommendations in favour of the appellants by the General Manager on 14.6.89 were for appointment on ad hoc basis to the post of Accountant treating the post to be one which had to be filled up by direct recruitment. However, the letter of appointment issued in favour of Rajesh Kumar dated 9.4.92 on the strength of the same selection dated 7.6.89 recites that Rajesh Kumar was being appointed by way of promotion against a substantive vacancy. This itself contradicts the mode of recruitment inasmuch as if the post was of direct recruitment, Rajesh Kumar or the other appellant could not have been appointed by way of promotion. Similarly the respondent-writ petitioner also would not be entitled to claim promotion. Consequently there is no occasion to import and apply the principle of seniority-cum-merit or merit-cum-seniority in a case of direct recruitment. 37. All this confusion appears to have been the own creation of the Jal Sansthan itself which has proceeded in a manner that suited the Jal Sansthan from time to time. It is in our opinion a total arbitrary approach inasmuch the post falls within the realm of public appointment and procedure of appointments to such posts has to conform to the minimum standards of fairness so as to rule out any possibility of arbitrariness. Service rules or regulations cannot be mere occasions of convenience and have to be codified reasonably free from vagueness. 38. Service rules or regulations cannot be mere occasions of convenience and have to be codified reasonably free from vagueness. 38. Accordingly we set aside the order of the learned Single Judge dated 30.6.2009 to the aforesaid extent whereby the learned Single Judge has proceeded to treat the selection by way of promotion and has upheld the criteria of seniority subject to rejection of unfit for selection on the post of Accountant. We, however, uphold the order of the learned Single Judge in so far as it quashes the selections and promotion of the appellants. 39. We further direct that the respondent Jal Sansthan to first proceed to take a decision through the competent authority as to under what valid rule and procedure of recruitment, they can fill up the post of Accountant keeping in view the observations made herein above and thereafter hold fresh selections in accordance with rules subject to the provisions of Section 8 and Section 27 of the U.P. Water Supply and Sewerage Act, 1975. We may observe that in the given set of circumstances, and subject to relevant rules and regulations, it is always open to the employer to adopt a reasonable procedure for appointment, including the method of limiting the zone of consideration to the departmental candidates only. 40. The appeals are partly allowed subject to the directions contained herein above. No order as to costs. ————