1. Petitioners herein, by the medium of the instant petition, have prayed for the following reliefs:-

(I) “By issuance of writ of mandamus, the Jammu and Kashmir Wildlife(Gazetted) Service Recruitment Rules, 1994 as framed vide SRO 158 of 1994, to the extent it does not provide for any promotion avenues for the post of Assistant Wildlife Warden, be declared as ultravires to the Constitution.

(II) By issuance of writ of mandamus, the respondents be commanded to notify ‘State Forest Service’ as mandated in terms of Rule 2(g)i) of the Indian Forest Service(Recruitment) Rules of 1966 read with Regulation 5 of IFS (Appointment by Promotion) Regulations of 1966 and include the petitioners as members of ‘State Forest Service.

(III) By issuance of writ of mandamus, the respondents be commanded to prepare the list of suitable officers for induction into Indian Forest Service by promotion in accordance with Indian Forest Service(Appointment by Promotion)Regulations, 1966, only after the ‘State Forest Service’ is notified. Or in alternative;

(IV) By issuance of writ of mandamus, the respondents be commanded to amend J&K Forest (Gazetted) Service Recruitment Rules, 1970 and thereto incorporate the post of Assistant Wildlife Warden as category “K” in clause II of Schedule I appended to the said Rules and thereto provide for filing of 20% posts of Deputy Conservator of Forests by promotion from category “K” and thereto consider case of the petitioners for promotion to the post of Deputy Conservator of Forests retrospectively from the date petitioners have completed the requisite six years service as that of Assistant Wildlife Warden and thereto consider the case of the petitioners for induction into Indian Forest Service in accordance with mandate of Regulations of 1966.”

2. It is being pleaded by the petitioners that the post of Assistant Wildlife Warden is a single cadre post having no promotional avenues, therefore, the respondent-State is legally obliged to create promotional avenues for the petitioners having regard to its constitutional obligations expressed under Article 14 and 16 of the Constitution of India. It is further pleaded that the promotion being a condition of service and having regard to the requirement thereof, there have to be rules of recruitment governing the service conditions of the petitioners which must provide avenues for promotion. However, in the case of the petitioners, as pleaded by them, the J&K Wildlife (Gazetted) Service Recruitment Rules, 1994 puts a complete embargo on future promotion of the petitioners and the fate of the petitioners is sealed for all time to come, therefore, prayed that the Rules framed in terms of SRO 158 of 1994 to the extent same does not provide for promotion to the petitioners are required to be declared as ultravires to the Constitution. It is further pleaded in the petition that in terms of the J&K Wildlife(Protection) Act, 1978, a Forest Officer means and includes the Forest Officer defined in Clause(f) of Section 2 of the J&K Forest Act, 1987.

3. The word “Forest” is defined as an eco system, an association of plants and animals. The definition of “Forester” as per Wikipedia is the Science, Art and Craft of creating, managing, using, conserving and repairing forests and associated resources in a suitable manner to meet desired goals, needs and values for human benefit. Furthermore, the forestry embraces a broad range of concerns, which includes natural water quality management, watershed management besides wildlife habitat. The State of Jammu and Kashmir has also notified the Jammu and Kashmir State Forest Policy, 2010 and the basic objective of the policy is conservation of biodiversity and natural habitat through preservation of natural forests with the vast variety of flora and fauna. The forest policy also provide for effective protection and management of forests and wildlife. Same is also being pleaded in the petition.

4. It is further pleaded that the petitioners ho