JUDGMENT : P.P. Bhatt, J. 1. The petitioner by way of this petition filed under Article 226 of the Constitution of India has prayed for issuance of appropriate writ/order declaring that the petitioner is entitled to the appointment to the post of Assistant Conservator of Forests on completion of his training in the SFS courses in the year 1985. It is also prayed that the respondents may be directed to appoint and post the petitioner to the post of Assistant Conservator of Forests with effect from 01.04.1984 in the Gujarat State Forest Service and grant him all consequential benefits including the arrears of pay and seniority in the cadre of Assistant Conservator of Forests. 2. Brief facts giving rise to the present petition are as under : 2.1 The petitioner was selected by the Gujarat Public Service Commission to the post of Range Forest Officer, State of Gujarat, in the year 1983 and after selection, the petitioner was sent to the Central Forest Range College (CFRC), Chandrapur, for undergoing the training as Range Forest Officer. 2.2 The petitioner had successfully completed the Range Forest Officers Course and was awarded Gold medal for having secured 2nd highest marks in the Certificate Course Examination in Forest Education and had passed the said course with honours. The petitioner was also awarded Government of India's Silver medal in Forest botany for having secured highest marks in botany. 2.3 According to the petitioner, the Council of Forestry Research and Education, Director of Forestry Education, Government of India, in the meeting held Delhi on 05.05.1983 had approved the decision to the effect that Forest Rangers'/Range Forest Officers, who had passed the Rangers' Course with honours were eligible for appointment to the second year of the State Forest Service Course (Diploma course). The Director of Forestry Education Shri G.C. Kirpekar by his letter dated 25.07.1983 to the Forest Departments of all the States in the country had circulated the aforesaid decision of the Council of Forest Research and Education and specifically requested that the matter may be given wide publicity and the case of the Forest Rangers' may be considered and recommended accordingly for admission in the State Forest Service Courses. 2.4 According to the petitioner the Government of Gujarat had accepted the decision of the Council of Forestry Research and Education and first batch of the 04 Range Forest Officers, who had passed the Range Forest Officers Course with honours were sponsored by the Gujarat State Forest Department by the order of Principal Chief Conservator of Forest dated 01.05.1984. 2.5 Pursuant to the aforesaid order of Principal Chief Conservator of Forest, Gujarat Sate, the Director of Forestry Research and Education, Government of India informed the Principal Chief Conservator of Forest by his letter dated 09.05.1984 that in exercise of the powers delegated by the Government of India, the Director may approve the allotment of 04 seats to the State of Gujarat for sponsoring its Forest Rangers (with honours) in the 1983-85 batch, State Forest Service course at the State Forest Service College, Dehradun. Consequently 04 Range Forest Officers including the petitioner had been recommended for admission to the second year of the SFS course of 1983-85 batch. The petitioner was therefore admitted to the State Forest Service at Dehradun in the second year of the SFS course i.e. for the year 1984-85, which he had successfully completed in the year 1985 and awarded Diploma in Forestry on 31.03.1985 from the SFS College, Dehradun. In the meantime, the petitioner had also appeared in the written examination conducted by the Gujarat Public Service Commission in the year 1983 for the purpose of direct appointment to the post of Assistant Conservator of Forest. The petitioner had in fact passed the written examination and was also called for interview test by Gujarat Public Service Commission for having considered to the post of Assistant Conservator of Forest on 12.06.1984. On that date, the petitioner was already undergoing the training of the second year of State Forest Service Course at Dehradun, passing of which is the pre-requisite for appointment to the post of Assistant Conservator of Forest. The petitioner had informed the Principal of the College regarding his oral interview for the post of Assistant Conservator of Forest and even sought for permission to attend the interview. The petitioner had informed the Principal of the College regarding his oral interview for the post of Assistant Conservator of Forest and even sought for permission to attend the interview. The petitioner was however, told that as he was already in the second year course of the State Forest Service Course, it was not necessary for the petitioner to go through the routine procedure of selection for admission to the SFS course, since he was already admitted as a special case on the basis of his performance in the Range Forest Certificate Course. 2.6 It is the case of the petitioner that during the period he was undergoing the training in the SFS College, Dehradun, he was placed in the Pay scale of Rs. 700-1300/- and was being paid monthly salary accordingly. The said pay scale of Rs. 700-1300/- was the then pay scale attached to the post of Assistant Conservator of Forests also. According to the petitioner, thereafter on his successful completion and passing of the said State Forest Service course from SFS College at Dehradun, the petitioner had returned to Gujarat and reported on duty on 31.03.1985, but on that day the petitioner was not given any specific posting. For a period of next two months also, no specific posting was given to the petitioner and thereafter the petitioner was once again posted as Range Forest Officer pending the decision of the Government for posting as an Assistant Conservator of Forests. 2.7 It is also stated that Range Forest Officers from various States of the country were being similarly admitted to the Second year course of the SFS in case they had passed the Rangers' course with honours. According to the petitioner, with effect from the year 1983 it become a policy and practice to give direct admission to the Range Forest Officers in second year of the State Forest Officers Course in case such Officers had passed the RFOs Certificate Course with honours. 2.8 It is the case of the petitioner that he was eligible and entitled to be appointed as Assistant Conservator of Forests after he had completed and passed State Forest Service Examination from SFS College, Dehradun. 2.8 It is the case of the petitioner that he was eligible and entitled to be appointed as Assistant Conservator of Forests after he had completed and passed State Forest Service Examination from SFS College, Dehradun. Since the petitioner was not appointed as Assistant Conservator of Forest, the petitioner along with other similarly situated officers had started representing to the Government of Gujarat to appoint them to the post of Assistant Conservator of Forests, since they were sent by the Government of Gujarat for completing the SFS course which they have successfully completed. 2.9 The petitioner has also stated that similarly situated Range Forest Officers in all other States like Bihar, Karnataka, Jammu and Kashmir, Andhra Pradesh, Arunachal Pradesh, Himachal Pradesh, Uttar Pradesh, Maharashtra, Assam etc. have already made appropriate changes in the rules and have appointed all the Range Forest Officers as Assistant Conservator of Forests after they were admitted to Second year of SFS Course on the basis of the performance in Range Forest Officers training course. It is the case of the petitioner that all Range Forest Officers who are sent for Second Year RFOs are invariable appointed and posted as Assistant Conservator of Forests in all the aforesaid States as per the information available with the petitioner. 2.10 It is the case of the petitioner that right from 1985 onwards, he had been representing and drawing attention of the Government to the fact that his posting as a Ranger after the completion of the SFS course is completely illegal. He made several representations dated 06.05.1985, 08.07.1991 and 26.05.1995 etc. The petitioner had also written a letter to the Principal, State Forest College, Dehradun, vide his letter dated 21.09.1998, requesting him to intervene on behalf of the petitioner and similarly situated Range Forest Officers and the Principal was kind enough to write a letter dated 10th October, 1998 to the respondent No. 2 pointing out that the petitioner was duly sponsored by the Government of Gujarat for the second year course along with the 1983-85 SFS course. It was also informed to the respondent No. 2 that the trainees who had passed out from the said Forest Service College had been posted as Assistant Conservator of Forest in other States. It was also informed to the respondent No. 2 that the trainees who had passed out from the said Forest Service College had been posted as Assistant Conservator of Forest in other States. The Principal had requested the respondent No. 2 to sympathetically consider the case of the petitioner, but till date the respondent No. 2 has not considered the case of the petitioner favourably, and therefore, the petitioner was constrained to approach this Court by way of filing the present petition for redressal of his grievance. 3. Learned advocate Mr. Joshi for the petitioner submits that the petitioner is meritorious candidate right from the beginning of his career and after selection as Range Forest Officer through Public Service Commission in a competitive examination, he was sent for training to the Central Forest Range College (CFRC), Chandrapur, to undergo training as Range Forest Officer and there he has successfully completed the said training and he had been awarded Gold medal for having secured 2nd highest marks in the Certificate Course Examination in Forest Education and had passed the said course with honours. The petitioner was also awarded Government of India's Silver medal in Forest botany for having secured highest marks in botany. The petitioner applied for selection to the post of Assistant Conservator of Forest through examination conducted by the Gujarat Public Service Commission and so far as the written examination is concerned, which has been cleared by the petitioner, but in the meantime he was sent for training to SFS at Dehradun, he could not participate in the interview, as he was not permitted by the Principal of the College. The reason assigned by the Principal of the College for not relieving the petitioner from training enabling him to appear in the interview was that since the petitioner was drawing the salary in the pay scale of 700-1300/-, which is pay scale attached to the post of Assistant Conservator of Forest and specially nominated by the State Government to undergo training at SFS College, Dehradun, the requirement of clearing the interview was not necessary as the training for which he was already sent after clearance of the interview, he will have to undergo for the training, which he had already sent by State of Gujarat. It is further submitted that as per the All India Policy of the Ministry of Forest and Environment, those Range Forest Officers who have passed the certificate course examination from the Forest Rangers College with honours are entitled to admission, directly to Second Year of the State Forest Service course (Diploma course) conducted at the State Forest Colleges (Council of Forestry Research & Education, Government of India). Since the petitioner on completion and after successful passing of the said State Forest Service Examination, the petitioner had become entitled to be appointed and posted as Assistant Conservator of Forest in the year 1985. 4. Learned advocate Mr. Joshi further submits that the rules framed by the State of Gujarat does not permit, but in other States, rules have been appropriately amended, and therefore, time and again request is made by the petitioner and other similarly situated two officers that the rules may be appropriately amended on the lines of the other States or in the alternative, cases of the petitioner and other similarly situated two officers may be considered as special case by relaxing the rules, which are applicable for appointment to the post of Assistant Conservator of Forest. It is further submitted that despite several representations made in this regard, neither the rules were amended nor the case of the petitioner was considered as special case by the State of Gujarat, and therefore, the petitioner was constrained to approach this Court by way of filing the present petition seeking appropriate direction so that the petitioner who had put about more than 20 years of service in the Forest Department can have a further chance and prospect in his service career for nomination in Indian Forest Service. It is further submitted that the petitioner deserves this kind of honour and respect from the State after serving for a considerable long period with all dedicated efforts, but unfortunately the State Authorities have not considered the case of the petitioner, and therefore, he had no option but to approach this Court by way of the present petition filed under Article 226 of the Constitution of India. 5. 5. Learned Assistant Government Pleader for the State while opposing the present writ petition referred to the affidavit-in-reply and submits that the petitioner is not eligible and entitled to be considered to the post of Assistant Conservator of Forest, as the rule does not permit to do so. It is submitted that the question of giving relaxation in the rules can only be considered by the State, but after careful consideration of the facts and circumstances of the present case, the State Government has thought it fit not to make any amendment in the rules considering the case of the petitioner as special case by relaxing the rules. Learned Assistant Government Pleader has also placed on record the communication dated 17.11.2016, expressing inability of the State to consider the case of the petitioner for the post of Assistant Conservator of Forest with effect from 1984 as claimed by the petitioner. Learned Assistant Government Pleader in this context has also referred the rule position by referring to the Rule 2 and it is pointed out that appointment to the post of Assistant Conservator of Forest shall be made either by promotion of a person of proved merit and efficiency from amongst the person working as Range Forests Officers or by direct selection. 6. It is submitted by learned Assistant Government Pleader that in the instant case the petitioner appeared in examination conducted by Public Service Commission for direct selection, but the petitioner has not cleared the interview, which is necessary for the purpose of final selection to the post of Assistant Conservator of Forest. It is also submitted that so far as the question of grant of promotion for the post in question is concerned, the case of the petitioner is already considered and when it was due and when the promotion in case of the petitioner is already given, the petitioner claiming deemed date of promotion with effect from 1984 is not permissible under the rules as there is no express provision in the rules to do so and the case of the petitioner for providing relaxation as a special case is not possible to consider by the State in light of rules which are applicable as on date. 7. 7. Regard being had to the above submissions and having regard to the facts and circumstances of the present case, it appears that the petitioner was selected and appointed as Range Forest Officer after clearing the examination of Gujarat Public Service Commission in 1983 and thereafter he has been sent for training at Central Forest Range College (CFRC), Chandrapur, for undergoing training as Range Forest Officer. It appears that the petitioner had successfully completed the Range Forest Officers Course and was awarded Gold medal for having secured 2nd highest marks in the Certificate Course Examination in Forest Education and had passed the said course with honours. It also appears that the petitioner was also awarded Government of India's Silver medal in Forest botany for having secured highest marks in botany. It also appears that the petitioner appeared in the examination conducted by the Gujarat Public Service Commission for direct recruitment of Assistant Conservator of Forest and he had cleared the written examination also, but he could not appear in oral interview, as the Principal of College did not relieve the petitioner from the training course despite the specific request made by the petitioner in this regard. The petitioner was sent for training by the respondents considering his meritorious career and performance, but the petitioner could not appear in the oral interview as he was not relieved by the Principal of SFS College, Dehradun. 8. On perusal of the material on record, it appears that since the petitioner was already undergone the training of Second Year of the State Forest Service Course at Dehradun, it was not necessary for the petitioner to go through the routine procedure of selection, since he was already admitted as a special case on the basis of his performance in the Range Forest Service Certificate Course. It further appears that the petitioner was also drawing the pay scale of Rs. 700-1300/-, which was the pay scale attached to the post of Assistant Conservator of Forest and the petitioner was also paid all the allowances payable to the Assistant Conservator of Forest. It further appears that the petitioner was also drawing the pay scale of Rs. 700-1300/-, which was the pay scale attached to the post of Assistant Conservator of Forest and the petitioner was also paid all the allowances payable to the Assistant Conservator of Forest. The petitioner on his returned to the State after successfully completion of the said Course at Dehradun, was awaiting for suitable posting, but unfortunately he was once again posted as Range Forest Officer and thereafter he made representations along with the similarly situated colleagues in the cadre, but it appears that the respondent State Government has not favourably considered or given any positive response in respect of the representations made by them for their appointments as Assistant Conservators of Forests with effect from June, 1984. It also emerges from the record especially from the averments made on oath by the petitioner, in other States rules have been appropriately amended or said cases have been considered for the appointments as Assistant Conservators of Forests. 9. Learned advocate Mr. Joshi for the petitioner has placed on record the Recruitment Rules to the post of Assistant Conservators of Forest issued by Revenue and Forest Department, Mantralaya, Mumbai 32 dated 12th March, 1998, to show that in the State of Maharashtra there is a provision In Rule 3 Sub-clause (b) that by nomination from amongst candidates who are selected for the Assistant Conservator of Forests training course, on the basis of result of the competitive examination held by the commission in accordance with the rules made in this behalf from time to time and have successfully completed the training course. It is also submitted that similar provision is also made by the State of Andhra Pradesh in the Recruitment Rules to the post of Assistant Conservator of Forests. 10. Learned advocate Mr. Joshi has also placed reliance upon the judgment delivered by the Hon'ble Apex Court in the case of S. Ramesha and another versus State of Karnataka and another, reported in AIR 1996 SC 718 . While referring to the Para 8 of the said judgment, it is submitted that the case of the petitioner is covered by the said decision and requires consideration by the respondent State Government for his appointment to the post of Assistant Conservator of Forest. Over and above the aforesaid rules and the judgment delivered by the Hon'ble Apex Court, learned advocate Mr. Over and above the aforesaid rules and the judgment delivered by the Hon'ble Apex Court, learned advocate Mr. Joshi has also referred to the letter which is annexed to the petition vide Annexure-IX addressed to the Principal Chief Conservator of Forests, Gujarat State, by the Principal, State Forest Service College, Dehradun, dated 10.10.1998, wherein he has recommended the case of the petitioner for his appointment to the post of Assistant Conservator of Forests. 11. In view of the above submissions and having regard to the facts and circumstances of the present case, this Court is of the view that the respondent State Government is required to be directed to consider the case of the petitioner in the light of decision given by the Hon'ble Apex Court in the case of S. Ramesha and another versus State of Karnataka and another, reported in AIR 1996 SC 718 , and also keeping in mind the provision made in the Recruitment Rules to the post of Assistant Conservator of Forests by the State of Maharashtra and State of Andhra Pradesh. 12. As it reveals from the Rules prevailing in the State of Gujarat that no such provision is made in the Recruitment Rules. Therefore, the respondent State Government may also consider to suitably amend the Rules on the lines of Rules framed by State of Maharashtra and State of Andhra Pradesh, keeping in mind the ratio laid down by the Hon'ble Apex Court in above referred judgment. While considering the case of the petitioner, the respondent State Government may also consider the letter written by the Principal, State Forest Service College, Dehradun, dated 10.10.1998, and if need be, the respondent State Government may also take opinion and consult the Principal, State Forest Service College, Dehradun, at the time of making amendment in the Rules. While considering the case of the petitioner, the respondent may also consider the fact that the petitioner was awarded Gold medal for having secured 2nd highest marks in the Certificate Course Examination in Forest Education and had passed the said course with honours and was also awarded Government of India's Silver medal in Forest botany for having secured highest marks in botany. The respondent State Government shall take decision as expeditiously as possible, preferably within three months from the date of receipt of this order. 13. The respondent State Government shall take decision as expeditiously as possible, preferably within three months from the date of receipt of this order. 13. In view of the above directions and observations, the present petition stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.