JUDGMENT AND ORDER :

S. SERTO, J.

1. Heard Mr. P.Taffo, learned counsel appearing for the petitioners and also heard Mr. N.Pada, learned Standing counsel for the APPSC/respondent No.1 and Mr. D.Soki, learned Addl. Sr. Government Advocate appearing for the respondent No.2.

2. On 12.04.2016, the Government of Arunachal Pradesh, Department of Environment & Forest, Itanagar, wrote a letter to the Secretary, Arunachal Pradesh Public Service Commission, requesting for conducting recruitment to 33 posts of Range Forest Officer under the Government of Arunachal Pradesh, as per the recruitment rule. On receipt of the same, the respondent No.4 i.e. the Arunachal Pradesh Public Service Commission, issued an Advertisement No. APPSCR(B)/04/2016, dated 09.01.2017, inviting application from eligible candidates for recruitment to 33 posts of Range Forest Officer. The relevant portions of the advertisement for the purpose of deciding this case are reproduced here below;

"Arunachal Pradesh

Public Service Commission

Itanagar

No. PSC-R(B)/04/2016

Dated Itanagar, the 9th January, 2017

Advertisement

Applications in prescribed form are invited from citizens of India for filing up of 33(Thirty three) posts of Range Forest Officer (RFO), Group-B (Gazetted) in the pay Scale of Rs. 9300-34800/- + Grade Pay Rs. 4200/- per month plus other allowances as admissible to Arunachal Pradesh Govt. employees from time to time. Out of 33 posts, 32 posts are reserved for APST candidates and 1(one) post un-reserved (i.e for open competition). Further, out of 33 posts 16 posts are reserved for Forestry Graduates and 17 posts are reserved for other Science Graduates. Selection of post will be made from combined merit list. Vacancy position and reservation is subject to variation.

1. Age : The candidates must have attained 18 years of age and should not be more than 30 years of age as on 10.02.2017. However, the upper age limit is relaxable in accordance with the orders issued by the Govt. of Arunachal Pradesh from time to time.

2. Educational Qualification : Candidate applying for the post must be a Bachelors degree in Science/Engineering/Agriculture/Forestry from a recognized university with at least one of the following subjects:

(i) Agriculture (Xii) Mechanical Engineering

(Ii) Botany (Xiii) Environmental-science

(Iii) Chemistry (Xiv) Fisheries

(Iv) Computer Applications (Xv) Forestry

(V) Computer Science (Xvi) Geology

(Vi) Agriculture Engineering (Xvii) Horticulture

(Vii) Chemical Engineering (Xviii) Mathematics

(Viii) Civil Engineering (Xix) Physics

(Ix) Computer Engineering (Xx) Statistics

(X) Electrical Engineering (Xxi) Veterinary Science

(Xi) Electronic Engineering (Xxii) Zoology

(The standard of these subjects shall be that of a Bachelor's Degree)"

3. After the issuance of the advertisement given above, the petitioners felt aggrieved by the following sentence of the advertisement which debarred them from competing for the remaining 17 posts; "further, out of 33 posts, 16 posts are reserved for the Forestry graduates and 17 posts are reserved for other Science graduates". Therefore, the petitioners approached the respondent No. 1 to allow them to apply and compete for the 17 posts of Range Forest Officer besides the 16 posts reserved for Forestry graduates. Since their request was not considered, the petitioners has approached this Court praying for issuance of appropriate writ or order or direction directing the respondent No.1 to modify the advertisement dated 09.01.2017, by issuing appropriate corrigendum so that they are eligible for competing in the remaining 17 posts of Range Forest Officer which is stated to be reserved for the other Science graduates.

4. Mr. P. Taffo, learned counsel for the petitioners by referring to the 2nd Amendment of the recruitment rules of the Arunachal Pradesh, Forest Service Rules, 1999,framed and notified under Article 309 of the Constitution of India, particularly para-2(1) of the amendment notified under notification No. FOR.259/E-(A)/2013/3862, d

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