JUDGMENT :

1. Heard Mr. PK Tiwari, learned Senior counsel for the petitioner in WP(C) No. 187(AP)/2021 and Ms. Nikita Darggen, learned counsel for the petitioners in WP(C) 175(AP)/2020. Also heard Mr. S Tapin, learned Senior Government Advocate, Arunachal Pradesh.

2. Brief facts of WP(C) 187 (AP)/2021:

The petitioner is Class XII pass in science stream and was directly recruited as Forest Ranger in 1984 in terms of Group C (Non-Gazetted) General Central Service Recruitment Rules, 1984 which governed the recruitment of Forest Ranger. After his appointment as Forest Ranger, the petitioner underwent 2 years Forest Rangers Certificate Course. Thereafter, the petitioner was promoted to APFS-II (Grade-II) i.e. Assistant Conservator of Forest, Group B (Gazetted) vide order dated 05.10.1994 under Arunachal Pradesh Forest Service Rules, 1990. Vide order dated 20.07.2010, he was promoted to APFS-I (Grade-I) i.e. Deputy Conservator of Forest (Selection Grade) under Arunachal Pradesh Forest Service Rules, 1999. The Arunachal Pradesh Forest Service Rules, 1999 were substituted by the Arunachal Pradesh Forest Service Rules, 2019 under which the qualification for promotion from Forest Ranger to various grades of APFS as existed under the Arunachal Pradesh Forest Service Rules, 1999 was altered to Graduation/Bachelors Degree in Science/B.Sc. (Forestry) from a recognized University. As such the petitioner who was eligible for promotion under the Arunachal Pradesh Forest Service Rules, 1999 for promotion to APFS (Administrative Grade) became ineligible for such promotion. Since alteration in the qualification for promotion under the Arunachal Pradesh Forest Service Rules, 2019 generated resentment among promote officers not having qualification of graduation in science, the Government of Arunachal Pradesh by Office Memorandum dated 09.06.2020 exempted the certificate course holder from the essential qualification of graduate in Science and restored the earlier qualification for promotion under the Arunachal Pradesh Forest Service Rules, 1999 and as a result of which the petitioner again became eligible for promotion from the cadre of Deputy Conservator of Forest (Selection Grade) to Deputy Conservator of Forest (Administrative Grade). However, the Departmental Promotion Committee while recommending the APFS officers for promotion from Deputy Conservator of Forest (Administrative Grade) ignored the OM dated 09.06.2020.

3. Brief Facts of WP(C) 175 (AP)/2020:

The petitioners, 11 in numbers, are serving as Range Forest Officers (Graduate/Degree holder) under the Department of Environment and Forest, Government of Arunachal Pradesh and have filed the writ petition assailing the legality and validity of the impugned OM No. F/No. AR-143/2019 dated 09.06.2020 issued by the Secretary, Department of Administrative Reforms, Government of Arunachal Pradesh, Itanagar (respondent No. 2) to the extent whereby exemption were granted to the Forest Officers (respondent Nos. 4 to 15) undergraduate or class XII passed and the holders of the certificate of Range Forest Course, from the requirement of possessing minimum educational qualification of Graduation/Bachelor Degree in Science/B.Sc. (Forestry) from a recognized University for promotion to the higher grade in utter violation and or suppression of the governing recruit recruitment rules, namely, the Arunachal Pradesh Forest Service Rules, 2019, more particularly, the provisions as provided in Rule 5 (ii) of PART-III and Rule 6 (2) (a) of PART IV of the said Rules, which, inter-alia, unequivocally provide that only the officers who are holding the substantive post of Range Forest Officer, Group-B (Gazetted) and possess the minimum educational qualification of Graduation/Bachelor Degree in Science/B. Sc (Forestry) from a recognized University as provided in Rule 6(2)(a) shall be eligible for promotion in the Entry Grade of the Arunachal Pradesh Forest Service.

4. From the aforesaid facts and challenges made in