A. Potsangbam, J.

1. All the three writ petitions pertain to similar question of fact and law and as such, as agreed upon by the learned Counsel for the parties, the writ petitions are taken up together for hearing and disposal by this common judgment and order.

2. Heard Mr. N. Mozhui and Mr. C.T. Jamir, learned Counsel appearing for the petitioners, Mrs. Y. Longkumer, learned Government Advocate, appearing for the State Respondents Also heard Mr. R. Iralu, Mr. K. Sema learned Counsels appearing for the private respondents.

3. For the purpose of deciding this batch of writ petitions and for convenience, the facts associated with WP(C) 24(K)/2008 shall be discussed and referred to as hereunder.

3.1. The petitioners as well as the private respondents are presently working as Statistical Officer and District Statistical Officer in the Directorate of Economics and Statistics, Kohima, Nagaland. The recruitment and conditions of service for the post of Statistical Officer/District Statistical Officer ('SO/DSO') are governed by the Nagaland Economics and Statistics Service Rules, 1973 ('the Service Rules, 1973') as amended from-to-time. According to the Service Rules of 1973, the post of SO/DSO is classified as junior grade Class II Gazetted Officer. 50% of the cadre strength of the post of SO/DSO is to be filled up by direct recruitment and the remaining 50% by promotion. Rule 5 of the Service Rules, 1973, provides the methods of recruitment, i.e., one by direct recruitment and another by promotion from lower grade and Rule 6 provides that direct recruitment to gazetted post and grade-I under Class III posts be made through competitive examination to be conducted by the Public Service Commission. Rule 7 provides for appointment and Rule 14 provides as to how seniority in the cadre is to be determined. The relevant portion of Rule 14.1 and Rule 14.1(b) and 14.1(c) is reproduced below:

14. SENIORITY:

1. Seniority in a cadre shall normally be determined with reference to the date of joining in that cadre provided that-

(a) * * *

(b) seniority of persons appointed through Selection or Competitive examination shall be determined in accordance with their position in the merit list, provided that if a person did not join the service within one month from the date of issue of the offer of appointment or within the period specified or within the period of extension of joining of time allowed, he will rank below those who joined before him.

(c) If in a calendar year, recruitment is done partially by departmental promotion and partly by direct recruitment, the departmental promotees will rank senior to the direct recruits.

3.2. According to the column 5 of Schedule II to the Service Rules, 1973, the qualification for appointment as SO/DSO against direct recruitment quota is as follows:

Master's degree in Statistics/Mathematics/Economics/Commerce or a graduate with any one of the above subject with 3(three) years experience as Inspector of Statistics.

3.3. The dispute in the instant case is not, between direct recruits and promotees as such the provisions relating to the promotion is not referred to and discussed in this judgment. The controversy involved in the instant case is between two groups of direct recruits. In order to be eligible for appointment as a direct recruit against the post of SO/DSO, one must possess Master Degree in Statistics/Mathematics/Economics or Commerce and the Inspector of Statistics, the next lower post, is also eligible for consideration for appointment against direct recruitment quota provided one is a graduate with any one of the subjects mentioned above with 3 years of experience as Inspector of Statistics. The above are the conditions for recruitment and there is no provision in the Service Rules of 1973 enabling the authority to relax any of the conditions of recruitment as mentioned above.

3.4. On the recommendation of Nagaland Public Service Commission, vide NPSC/C-6/2004 dated 4.1.2005, the petitioners, four in