J.S. VERMA, C.J.—The point involved for decision in both these petitions is the effect of the amendment made in the Rajasthan Forest Service Rules, 1962 by the Rajasthan Forest Service (Amendment) Rules, 1985. These amendments were made in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India by Notification dated June 22, 1985 published in the Rajasthan Gazette (Extraordinary dated June 26, 1985. According to clause l(ii) of these amendments they came into force on the date of their publication in the Rajasthan Gazette. The contention of the petitioners is that these amendments are merely declaratory and must be deemed to declare the position existing under the Rajasthan Forest Service Rules, 1962 even prior to these amendments. The question is, whether this contention can be accepted.

2. The petitioners in both these petitions applied for selection for the Diploma Course in Forestry and after being so selected and getting the Diploma, were appointed to the Service as provided in rule 32(2) of the Rajasthan Forest Service Rules, 1962. This is clear from the documents filed with the petition. The petitioners however claim that their appointment to the service should be treated as commencing with their initial selection for the Diploma Course in Forestry and not from the date of their appointment to the service after obtaining the Diploma. In short, the contention is that the period spent by them as candidates for the Diploma Course should be treated as a part of their service for all purposes. The consequence of the amendments made in 1985 is to this effect, but prior to these amendments this was not the position. It is for this reason that the petitioners contended that the amendments of 1985 should be treated merely as declaratory of the earlier position.

3. We shall now refer to the provisions of the Rajasthan Forest Service Rules, 1962 as they existed prior to the 1985 amendments. Rule 3 contains the definitions. Clause (a) of sub-rule (1) defines cadet to mean a person sponsored by the Government for Diploma Course in Forestry under the provisions of these Rules. Rule 6 relates to methods of recruitment and includes direct recruitment to the service Rule 11 relates to academic qualifications and experience. It provided the qualifications needed by a candidate for direct recruitment to the junior posts in the service and sub-rule (2) therein clearly provided passing the Diploma Course in Forestry as an essential qualification for appointment to the service by direct recruitment. It is, therefore, clear that according to this provision no appointment to the service by direct recruitment could be made prior to the candidate passing the Diploma Course in Forestry. In other words, the service of a direct recruit could not commence from a date prior to the date on which he passed the Diploma Course in Forestry. Part IV of the Rules containing rules 17 to 29 deals with the procedure for direct recruitment. Rule 28 provided that the candidates who were called cadets as defined in rule 3(1) (a) found suitable for appointment to the posts in the service after they had successfully undergone the prescribed course of training shall be selected by the Government. Rule 29 deals with the training of cadets and rule 32 with the appointment to the service. It provided for appointment of cadets successfully completing the Diploma Course in Forestry which was a condition laid down in rule 11(2) with the other prescribed conditions to the service thereafter. A combined reading of both these rules show that the appointment to the service by direct recruitment was to be made from amongst the cadets who successfully completed the Diploma Course fulfilling the condition laid down in rule 11(2) and also the other prescribed conditions Proviso (3) of rule 35 dealing with the seniority in service laid down that the inter se seniority of the direct recruits was to be fixed according to the merit at the time of pas

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