JUDGMENT :

S.Serto, J.

The petitioners, who rose from ranks and were promoted to Junior Grade NPS Cadre vide Notification date 25.05.2010, issued by the Principal Secretary, Government of Nagaland, Home Department: Police Establishment Branch are aggrieved by the tentative Seniority List of Nagaland Police Service Officers as on 01.01.2016, which was prepared as per Rule 19(C) of the Nagaland Police Service Rules,2006 and circulated vide Memorandum No. POL/ESTT-3/57/2005(Vol-1) dated 09.10.2020, of the same Department, as they were placed below the direct recruits, who were appointed vide order dated 11.10.2010, issued by competent Authority in pursuance of the recommendation of the Nagaland Public Service Commission. Therefore, they are here before this Court challenging the same and the provisions of the Nagaland Police Service Rules,2006 (which shall hereafter be referred to as the Rules of 2006) particularly Rule 19 (C) and Rule 25.

2. Heard Mr. C.T. Jamir, learned senior counsel appearing for the petitioners; Mr. Joshua Sheqi, learned counsel appearing for the private respondent Nos. 5 to 20 and Mr. T. B. Jamir, learned Additional AG appearing for the State respondents.

3. The brief facts and circumstances leading to the filing of this writ petition is that the petitioners who were stated to have been appointed as Sub-Inspectors of Police between the year 1988-1994 were promoted to the post of Un-Armed Branch Inspectors (in short UBI) on 13.05.2003. After serving in that Grade for more than seven years they were promoted to the cadre of Junior Grade of NPS vide notification dated 25.05.2010, issued by the Principal Secretary to the Government of Nagaland; Home Department; Police Establishment Branch, in terms of the Schedule 2 Serial No. V of the Rules of 2006 which provides for appointment of Inspectors of Police who have completed not less than seven years in that grade and has a minimum educational qualification of HSLC or equivalent to 50% of Junior Cadre of NPS. In the same year, the private respondents were also appointed to the same Junior Grade Cadre of NPS vide order dated 11.10.2010, issued by the competent authority. Recruitment to Nagaland Police Service and Conditions of Service of persons appointed to that service are governed by the Rules of 2006, (it shall be reproduced at relevant stage of this Judgment). As per Rule 19(C) of the 2006 Rules, in 2018, vide Memorandum No. POL/ESTT-3/57/2005, dated 30.05.2018, the seniority list of NPS Officers as on 01.05.2018, was published and in that seniority list, the private respondents were shown as senior to the petitioners. Being aggrieved, the petitioners submitted a representation to the Home Department to reconsider the same and to rearrange the Seniority List. Thereafter, vide Memorandum No. POL/ESTT-3/57/2005 dated 09.10.2020(which hereafter is being referred to as impugned tentative Seniority List) the tentative Seniority List of NPS Officers as on 01.01.2016, wherein, the private respondents (direct recruits) were placed at Serial No. 107-122 and the petitioners were placed at Serial No. 124-139 clearly indicating that the private respondents are senior to the petitioners in the cadre, was notified. Being aggrieved by the impugned Seniority List, the petitioners once again submitted a representation dated 05.11.2020, to the respondent No.3, praying for re-fixation of the Seniority. Since no positive response was received, theyhave approached this Court through the instant Writ Petition.

4. Mr. C.T. Jamir, learned Senior counsel appearing for the petitioners submitted that Rule 19(C) of the Rules of 2006 is unconstitutional as it violates the provisions of Article 14 and16 of the constitution and, therefore, the impugned tentative Seniority List prepared in accordance with the provisions of that Rule cannot be allowed to stand and deserves to be set aside and