IMPORTANT POINT
Executive instructions can supplement statutory recruitment rules but cannot conflict with them, and requirements for promotion do not violate constitutional rights if applied universally.

JUDGMENT :

Nelson Sailo, J.

Heard Mr. B. Picha, learned counsel for the appellant and Mr. N. Ratan, learned Addl. Advocate General for the State respondents. This is a writ appeal filed by the appellant/writ petitioner (hereafter referred to as the petitioner) against the Judgment & Order dated 12.04.2024 passed by the learned Single Judge in WP(C) No. 250 (AP)/2023 dismissing the writ petition.

2. The facts of the case in brief is that the petitioner joined as Forester (Grade-II) on 15.06.1987 in the Department of Environment & Forest, Govt. of Arunachal Pradesh and is working as such since then. It is the case of the petitioner that ever since he joined in service, he has not earned any promotion till date. As per the Arunachal Pradesh Forest Department (Executive Service) Recruitment Rules, 1974 (Rules of 1974), the next promotional post from the post of Forester (Grade-II) is to the post of Dy. Forest Ranger (DFR) and the method of promotion is by way of seniority-cum-merit from amongst the Foresters (Grade-II) who have rendered not less than 5 years of service. Further, 75% of the vacancies are reserved for matriculate Foresters (Grade-II) while 25% vacancies are reserved for non-matriculate Foresters (Grade-II).

3. Subsequently, a separate recruitment rules for the post of DFR was framed viz; the Recruitment Rules for the Post of Dy. Forest Ranger, 2003 (Rules of 2003) which provided that promotion to the post of DFR can be made from amongst Foresters having minimum 5 years of regular service in the grade 100% by way of promotion. The Rules of 2003 was thereafter repealed by the Dy. Forest Ranger/Forester/Forest Guard Recruitment Rules, 2019 (Rules of 2019) but the criteria for promotion to the post of DFR remains the same.

4. The Govt. of Arunachal Pradesh in the Department of Vigilance issued orders dated 02.04.2013, 06.06.2017, 11.05.2018 & 25.02.2020 by which, in order to be eligible for being considered for promotion to the next higher post, one requires to obtain vigilance clearance certificate. Since the petitioner could not secure vigilance clearance certificate, he could not be considered for promotion to the post of DFR. Being aggrieved with the orders issued by the Vigilance Department mandating vigilance clearance for being considered for promotion, the petitioner filed WP(C) (AP) 250/2023 challenging the said orders. However, the learned Single Judge, vide the impugned Judgment & Order dated 12.04.2024 dismissed the writ petition. Aggrieved, the petitioner has filed the instant intra court appeal.

5. Mr. B Picha, learned counsel submits that the ground for challenging the impugned orders issued by the Vigilance Department is two-fold. He submits that firstly, the impugned orders cannot be said to be valid since the recruitment rules itself does not prescribe that one should have vigilance clearance certificate. Secondly, the impugned orders having been issued in the form of executive instructions, the same cannot be applied to the petitioner’s case. He therefore submits that the impugned orders are not sustainable in law and should be set aside.

6. Elaborating his argument, the learned counsel submits that the rules regulating the conditions of service can be changed in exercise of the powers conferred under Article 309 of the Constitution of India but not by way of executive instructions. He submits that even if executive instructions are issued, the same can be done for filling up the gap when there is no clarity in the rules or there is ambiguity and uncertainty in the rules. However, in the instant case, since there is no gap in the rules, the impugned orders introducing the requirement of having vigilance clearance certificate in order to be considered for promotion cannot be sustained and should be set aside and quashed.

7. The learned counsel further submits that the petitioner is an employee of the Govt. of