7 We have heard the Learned Counsel for the parties and considered the rival contentions. As indicated above, the qualifications or the eligibility criteria for the post of Senior Data Entry Officer was changed by a process which was carried out in which process the amended regulations was approved by the BEST committee as well as the Municipal Corporation, thereby providing an avenue for promotion to the EDP Coordinator to the post of Senior Data Entry Officer. It is required to be borne in mind that there was an anomaly in so far as the avenue of promotions are concerned in the said department i.e. D.E Department of the BEST. That anomaly can be said to have been removed by bringing the post of EDP Coordinator and Data Entry Officer on par, in so far as promotion to the post of Senior Data Entry Officer is concerned, we are therefore unable to accept the contention of the Learned Counsel for the Petitioner that it is only to favour the Respondent No.2 that the amendment was made to the rules, though the amendment may have been initiated on account of the representation made by the Association. The framing of the rules and the amendments thereof are obviously in exercise of powers conferred by Section 460(v) of the MMC Act. The rules are therefore in the nature of delegated legislation and therefore whether malafides can be attributed in the matter of carrying out the amendment is questionable. Once the rules were amended and brought into force, the same paved the way for the appointment of the Respondent No.2 who is admittedly senior to the
