Magrey, J.— 1. This letters patent appeal has been filed against the judgment and order dated 01.06.2011 passed by the learned Single Judge in SWP no. 840/2002, allowing the writ petition. Brief facts:- 2. Petitioners after completing DDR Training Course were appointed as Range Officers Grade-I. They have passed their Bachelors Degree in Science with Botany, Zoology and Chemistry. For the purpose of future promotion, petitioners are required to undergo State Forest Service Course (SFS) at Dehradun which is governed by the Revised Rules of 1989. Petitioners' case on the basis of their qualification and merit was recommended for undergoing State Forest Service. 3. Course at Dehradun by Principal, Chief Conservator of Forests in terms of letter dated 23rd February 2001. Government of J&K Forest Department in terms of letter dated 10th April 2001 addressed to Director, Forest Education, Government of India Ministry of Environment Forest Dehradun intimated that Principal, Chief Conservator of Forests has submitted a proposal for deputation of DDR trained departmental Range Officers Grade-I for undergoing two years State Forest Service Course at any recognized College in the country to improve the efficiency of the department. In the said communication, the names of the petitioners were mentioned who have been recommended for undergoing aforementioned training course. In pursuance to this communication, the Director, Forest Education informed the Deputy Secretary to Government of J&K, Srinagar vide his letter dated 8th May 2001 that as per "Entrance and Training Rules (revised in 1992)" for Forest Ranger Course, petitioners cannot be considered for admission to the aforesaid training course. As per the requisite rules, only those candidates who have passed rangers course with honours certificate can be admitted for two years State Forest Certificate Course. It is this communication which is the subject matter of challenge in the writ petition. 4. Petitioners in the writ petition submitted that Rule 12 (a) of the Revised Rules for the two years diploma course in Forestry, 1989, provides that a person with graduation in Science subject is eligible to undergo this course. The second category of persons who are eligible for State Forest Range Course as per rule 12 (a) should have honours certificate from any of the Government run Forest Rangers College provided they are sponsored by the respective State Governments. The second category of persons who are eligible for State Forest Range Course as per rule 12 (a) should have honours certificate from any of the Government run Forest Rangers College provided they are sponsored by the respective State Governments. According to these rules, for the purpose of undergoing this training, the eligibility criteria/educational qualification is mentioned in rule 12 (a) which is reproduced below:- "12. Educational qualification: (a) candidate must, possess a Bachelor's degree in Science-of any recognized University or equivalent with at least one of the following subject:- Agriculture, Botany, Engineering (Agriculture/Chemical/Civil/Electrical/Mechanical) Forestry, Geology, Horticulture, Mathematics, Physics, Statistics, Zoology. Or Honours certificate holders of any of the Government run Forest Rangers Colleges provided they are sponsored by their State." 5. The stand of the appellants is that rule 12 (a) of the Revised Rules for the two years diploma course in Forestry, 1989 provides that only Bachelors degree in Science is a pre-requisite for direct recruits who have been selected and deputed through the Union Public Service Commissioner or the State Public Service Commission of the respective States. As regards in-service candidates/Range Officers to be in possession of honours certificate from Government run Forest Rangers College provided they are sponsored by their State for the State Forest Service Officers Training. Contention of appellants is wrong and not in consonance with the rules so framed by the Government of India, Ministry of Environment and Forests. The provisions of rule 12(a) provides possession of Bachelors degree in Science, would relate to the direct recruits who have been selected and deputed by the respective States. Further contention of the respondents is that the petitioners are not eligible because they are not in possession of honours certificate from Government run Forest Rangers College. The contention of petitioners is that they possess Bachelors degree in Science, therefore, are eligible for the said course as per rule 12 (a). 6. Mr. Makroo, learned ASGI while elaborating his arguments submitted that the Rules of 1989 are revised in 1992 and as per the revised Rules, the selection procedure adopted by the sponsoring authority must confirm to the minimum standards laid down under Rules 7 to 11 for the candidates belonging to category (i) of rule 7 and candidates belonging to Category (ii) of rule 4 must confirm to the requirement of rules 8 to 18. Mr. Mr. Makroo was granted time to produce the revised rules and the set of rules provided by him relates to "Entrance and Training Rules for two years Forest Ranger Course in Forestry revised in 1992" and Entrance & Training Rules (Revised), 2004 for State Forest Service Officers. Appellants have relied upon revised rules for the two years diploma course in Forestry 1989, a reference of which is made in the memo of appeal and rule 12 and 15 of the revised Rules for the two years diploma course in Forestry 1989 has been reproduced in verbatim in ground (a) of the memo of appeal which has been quoted hereinabove. 7. Rule 12(a) provides that a candidate must possess a Bachelors degree in Science from any recognized university or equivalent with Science subject or honours certificate holders of any of the Government run Forest Rangers Colleges provided they are sponsored by their State. 8. There is no ambiguity in rule 12 (a) so far as the petitioners eligibility is concerned. The interpretation by the appellants that the writ-petitioners who are in-service candidates and presently holding the post of Forest Rangers cannot be allowed to undergo the training merely because they are graduate in science subject is without any substance because an exception has been provided for the in-service candidates that Range Forest Officer with graduation degree in Science subject is eligible for such a training and where the Range Forest Officer is not a graduate, but possess honours certificate of any of the Government run Forest Range Colleges provided he is sponsored by the concerned State would also be eligible. In that eventuality, the requisite degree for graduation is not required. Rule does not prohibit that the Range Forest Officer who is a graduate, but does not possess honours certificate from any of the Forest Range College cannot be considered for such training. 9. Contention of Mr. Makroo that first part of Rule 12 (a) provides education qualification for a direct recruit and the exception is for in-service candidates is misconceived and misdirected because the rule itself has made an exception which cannot be given any other interpretation. 10. Mr. Makroo further submits that the selection of the petitioners is not as per the Training Rules because they have not undergone any exam as provided under rule 15 of the rules. 10. Mr. Makroo further submits that the selection of the petitioners is not as per the Training Rules because they have not undergone any exam as provided under rule 15 of the rules. This argument has substance because the scheme provided for undergoing training has detailed out and defined the method and manner required for selection and admission for undergoing the said course. It is useful to make reference to some provisions of the rules which substantiate the contentions of the appellants. 11. Rule 2 (i) defines course as under:- (i) "Course" means training programme at a State Forest Service College of two years duration leading to award of Diploma in Forestry. Rule 2 (ix) defines as under:- (ix) "Trainee" means a candidate deputed by any sponsoring authority to undergo two years course at a State Forest Service College. Section-III deals with Admission Rules and Rule 7 defines categories of candidates. These categories are defined as under:- (i) Candidate sponsored by States/Union Territories' Government. (ii) Candidates sponsored by Public Undertakings, Industrial firms, other Institutions and Universities etc. (iii) Candidates sponsored by foreign countries. 12. The authority for selection of candidates is defined in rule 10. This rule is defined as under:- 10. Selection of candidates: (a) The selection of candidates rests with the concerned sponsoring authority. No direct applications are entertained by the colleges. (b) In order that a high standard of training is ensured the selection procedure adopted by the sponsoring authorities must conform to the minimum standards laid down in Rule No. 11 to 16. 13. In terms of Rule 10 (b), it is mandatory to ensure high standard of training that the sponsoring authorities must adhere to the selection procedure as laid down in Rule 11 to 16. 14. Rule 11 to 16 being mandatory is reproduced as under:- 11. Age. (a) In the case of category (i) candidates of Rule-7, the minimum and maximum age limit will be as prescribed in the recruitment rules of the respective Governments. (b) In the case of category (ii) candidates of Rule 7, the minimum and maximum age limits will be 20 to 26 years respectively on 1st January of the year of commencement of the course. The upper age limit may, however be relaxed by 5 years in the case of Scheduled Caste and Scheduled Tribe candidates and 7 years in the case of departmental candidates, and ex-servicemen. The upper age limit may, however be relaxed by 5 years in the case of Scheduled Caste and Scheduled Tribe candidates and 7 years in the case of departmental candidates, and ex-servicemen. The maximum age limit is no case should exceed 33 years. (c) In the case of category (iii) candidates of rule 7 the minimum and maximum age limits should normally be 20 and 26 years respectively. 12. Educational qualification: (a) Candidates must, possess a Bachelor's degree in Science of any recognized university or equivalent with at least one of the following subject:- Agriculture, Botany, Engineering(Agriculture/Chemical/Civil/Electrical/Mechanical) Forestry Geology, Horticulture, Mathematics, Physics, Statistics, Zoology, OR Honours Certificate holders of any of the Govt. run Forest Rangers Colleges provided they are sponsored by their State/UTs. (b) In case a candidate is not selected through a Public Service Commission, he must have secured 45% marks either in the Bachelor's or Master's degree. 13. (a) The minimum standards for height and chest girth for candidates of category (i) of Rule 7 are as follows:- Height Chest girth Expansion (Full) Male candidates 163 cm 84 cm 5 cm Female candidates 150 cm 79 cm 5 cm (b) Candidates must pass a physical test consisting of a walk of 25 Kms to be completed in 4 hours, by male and female candidates respectively. (c) Candidates of Category (ii) and (iii) of Rule 7 should as far as possible conform to the standards mentioned above. 15. The following minimum height standards may be allowed in the case of andidates belonging to Scheduled Tribes and to races such as Gorkhas, Nepalese, issamese, Meghalaya, Ladakhese, Sikkimese, Bhutanese, Garhwalis, Kumaonis, Jaga, Arunachal Pradesh, Mizo, Lahaul and Spiti candidates whose average height ; distinctly lower: Male candidates 152.5 cm Female candidates 145.0 cm 14. Health Certificate:- (a) For category (i) candidates, the Union Public Service Commission or the Government concerned will arrange for medical examination of candidates by a duly constituted Medical Board. Candidates will be required to produce a health certificate signed by the medical board in the form prescribed by Article 19 of the Civil Service Regulations of candidate's sound hearing and general physical fitness for rough outdoor work in the Forest Department. (b) Categories (ii) and (iii) candidates will be required to produce the medical certificate issued by the Chief Medical Officer or equivalent authority of the district concerned. 15. (b) Categories (ii) and (iii) candidates will be required to produce the medical certificate issued by the Chief Medical Officer or equivalent authority of the district concerned. 15. Competitive Examination: Candidates of category (i) will be selected on the basis of a competitive examination to be conducted by the Union Public Service Commission or Public Service Commission in the following subjects, followed by interview:- (a) Written examination 1. General Knowledge 100 marks 2. English (essay/and pricis writing etc.) 100 marks 3. Any two papers out of the follpwing. Agriculture Botany Chemistry Economics Agriculture Engineering Chemical Engineering Civil Engineering Electronic Engineering Electrical Engineering Mechanical Engineering Forest Management Forest Utilization Geology Horticulture Mathematics Physics Sericulture Statistics Zoology Forestry 200 marks (The standard of those subjects will be of that of the Bachelor's degree) Note: No candidate shall be allowed to take both the subjects agriculture and agricultural Engineering Chemistry and Chemical Engineering or Mathematics and Statistics, (b) Interview:- The Public Service Commission will conduct the interview of candidates who have qualified in the written examination as laid down in Rule 15 (a) and award marks out of 100. Note: In case of selection of candidates by Union Public Service Commission or Public Service Commission by interview alone, the provision of Sub-rule (a) above will not apply. 16. The States which have not got a Public Service Commission may take advantage of the Commission in an adjoining State. (Art. 315 (1) and (2) of the Constitution of India.)" 16. Admittedly, respondents are sponsored by the State of Jammu and Kashmir without adhering to the procedure of selection as contained in Rule 15 of the rules because the candidates sponsored were not selected on the basis of a competitive examination conducted by Public Service Commission, therefore, no adherence to statutory rules forms a ground for accepting this appeal. 17. Respondents have been sponsored for undergoing two years State Forest Service Course (ACF Training) in terms of Commissioner/Secretary's (Forests) order no. FST/Scr/24/2001 dated 10th April 2001 for a period of two years' and with the passage of time, the petitioners could not be admitted to such course for the year 2001-2003, therefore, the selection is not otherwise valid for the year 2013 and there is no ground for the respondents to claim such selection/admission because during the pendency of lis, "Revised Rules for the Two Years Diploma Course in 18. Focestry, 1989 stands now revised in 2004. As per revised rules, there is no provision for deputing Forest Range Officers for training for two years diploma course for State Forest Service, therefore, the respondents are not eligible in terms of Revised Rules which contention of the appellants has not been considered by the learned Single Judge. 19. Learned counsel for the respondents Mr. M. A. Qayoom, has referred to and relied upon the judgments of this Court delivered in cases titled Union of India & ors. v. Amit Mahajan & Ors 2005 SLJ 666 (DB) : 2004 (3) JKJ HC-594 (DB) (LPA(OW) no. 69/2002) and Union of India & ors v. Ashok Kumar Sarangal & ors. (LPA(OW) no. 64/2002) decided on 11.10.2004 SLJ 2005 666 : 2004 (3) JKJ HC-594 (DB). 20. On examination and perusal of the judgments, it transpires that the issues raised in the writ petition/present appeal have not been at all discussed/decided and the subject matter of the referred decision relates to two years "Forest Rangers Course". But the present controversy is regarding two years Certificate Course for State Forest Service Course and the set of rules discussed in the judgment are not applicable to the training being the subject matter of the appeal. Therefore, this judgment is of no benefit. 21. The contention of the appellants is that as per the Entrance & Training Rules (Revised), 2004 for State Forest Service Officers, only direct recruit State Forest Service Officers recruited by the Public Service Commission of the concerned States are eligible for imparting training in State Forest Service Officers Training Course as per the revised rules. 22. Learned Single Judge having not considered this contentious issue has erred in law, therefore, impugned judgment cannot sustain. 23. Viewed thus, this appeal is accepted, judgment impugned is set-aside and the writ petition dismissed. 24. The parties shall bear their own costs-.