Ajit Borthakur, J.

1. Heard Mr. N. Lagia, learned Sr. counsel, appearing for the petitioner and Mr. S. Tapin, learned Sr. Govt. Advocate, appearing for the State respondents No. 4, 5, 6, 7, 8 & 9 as well as Mr. M. Kato, learned CGC for respondents No. 1, 2 & 3.

2. By preferring the instant petition under Article 226 of the Constitution of India, the petitioner, who is the Joint Registrar of the Co-operative Societies (for short' Jt. RCS'), Govt. of Arunachal Pradesh is seeking directions to the respondent authorities to De-Cadre the post of Registrar of the Co-operative Societies, (for short 'RCS') Department of Cooperation, Govt. of Arunachal Pradesh, which is presently encadred for officer of the Indian Administrative Service (IAS) and to make it a promotional post from the Cadre of Jt. RCS, Department of Co-operation, Govt. of Arunachal Pradesh, in consonance with the principles of law enunciated by the Apex Court in the cases of Council of Scientific and Industrial Research & Anr. Vs. K.G.S. Bhatt & Anr., reported in (1989) 4 SCC 635 and in O.Z. Hussain Vs. Union of India, reported in AIR 1990 SC 311.

3. The petitioner's case, in a nutshell, is that he was appointed as Assistant Registrar of Co-operative Societies (ARCS), Govt. of Arunachal Pradesh (Group-B Gazetted, Non-Ministerial), in the Department of Cooperation, on 20.06.1988, w.e.f. 19.05.1988; promoted as Deputy Registrar of Co-operative Societies (DRCS)(Group-A Gazetted), on 18.02.1995, w.e.f. 11.04.1995; and, thereafter, promoted as Jt. RCS (Group-A Gazetted), on 17.06.1999, w.e.f. 28.5.1999. The petitioner has been rendering his service in the post of Jt. RCS for the last more than 18 years without any avenue of promotion. The next higher post above the Jt. RCS is the post of RCS who is the Administrative Head of the Department. The post of RCS is an IAS cadre post which was en-cadred in the year 1986, on the recommendation of the State Govt. vide letter No. 1/75, dated 13.08.1982. The post of RCS has since been filled up from amongst the IAS officers. The result of the aforesaid scheme, therefore, has been that the post of RCS is continued to be filled up from amongst the IAS officers and the petitioner, who has been working as Jt. RCS since 1999 continues to remain in the same post for the last about 19 years, without any promotional avenue and would continue to remain so, unless the post of RCS is de-cadred from the IAS cadre post and a promotional avenue is provided to the petitioner in the next higher post of RCS. Such scheme of arrangement, which does not provide for promotional avenue results in stagnation which reduces efficiency of the incumbent and makes his service ineffective and, therefore, is unfair, unjust and against public interest violating Articles 14 and 16 of the Constitution of India

4. The respondent No. 3, the Union Public Service Commission (UPSC) in its affidavit-in-opposition and Mr. M. Kato, learned CGC submitted that UPSC being a Constitutional body, under Articles 315 to 323, Part-XTV (Services under the Union and the State), Chapter-H of the Constitution, discharge their functions, duties and obligations assigned to them under Article 320 of the Constitution. Further, by virtue of the provisions made in the All India Services Act, 1951, separate Recruitment Rules have been framed for the IAS/IFS/IPS. In pursuance of these Rules, the IAS (Appointment by Promotion) Regulations, 1955 have been made in accordance with the provisions of the said Regulations, the Selection Committee, presided over by the Chairman/Member of the UPSC, makes selection of State Civil Service Officers for promotion to the Indian Administrative Service (IAS). It is averred that the UPSC has no role in the matter of en-cadrement or de-cadrement of any post under the State Government into IAS Cadre and this subject comes under the purview of the Central Government and the concerned State Government

5. The State respondents No. 4 & 6 in their affidavit-in op