JUDGMENT : Kh. Nobin Singh, J. 1. Heard Shri N. Jotendro, learned Senior Advocate assisted by Shri L. Shyam, learned Advocate appearing for the petitioners and Shri N. Kumarjit Singh, learned Advocate General, Manipur assisted by Shri P. Tamphamani, learned counsel appearing for the respondents. 2. The validity and correctness of the Department of Agriculture, Manipur Assistant Agriculture Officer and other Post with Identical Scale of Pay and Similar Duties Recruitment Rules, 2014 (hereinafter referred to as "the Recruitment Rules, 2014") published vide Notification dated 17.11.2014 is under challenge in this writ petition and in addition thereto, a prayer has also been made to direct the State Government not to give any promotion on the basis of the said recruitment rules pending disposal of the instant writ petition or, in the alternative, to restore the Department of Agriculture, Manipur Assistant Agriculture Officer and other Post with Identical Scale of Pay and Similar Duties Recruitment Rules, 2007 published vide Notification dated 05.12.2007 (hereinafter referred to as "the Recruitment Rules, 2007"). 3.1. Facts and circumstances as narrated in the writ petition, are that the members of the petitioner association were initially appointed as Field Assistants/Village Extension Workers in the Department of Agriculture. Government of Manipur vide orders dated 30.05.1980 and 25.11.1981 issued by the State Government. The petitioner association is an association registered on 29.09.2015 under the provisions of the Trade Union Act, 1926. 3.2. Before the trifurcation of three Departments namely, the Department of Agriculture; the Department of Horticulture & Soil Conservation and the Command Area Development Authority, the Recruitment Rules, 1987 were in operation and the next promotional post from the post of Field Assistant/Village Extension Worker was the post of Assistant Extension Officer and later on, after the said three Departments having been bifurcated, the Recruitment Rules, 1987 were abolished and the Recruitment Rules, 2007 came to be notified whereby the post of Field Assistant/Village Extension Worker was made the feeder post for appointment on promotion to the post of Assistant Agricultural Officer. As per the Recruitment Rules, 2007, the members of the petitioner association became eligible for being considered for promotion to the post of Assistant Agricultural Officer and the relevant portion thereof as regards the promotion reads as: "Promotion: F.As/V.E.Ws. As per the Recruitment Rules, 2007, the members of the petitioner association became eligible for being considered for promotion to the post of Assistant Agricultural Officer and the relevant portion thereof as regards the promotion reads as: "Promotion: F.As/V.E.Ws. or its equivalent of Agriculture Department with the following period of regular service in the grade concerned:- (i) In case of degree holders with 6 (six) years regular service in the grade. (ii) In case of diploma/certificate holders with 10 (ten) years regular service in the grade. (iii) In case of others who are not in possession of a degree/diploma/certificate with outstanding records of service with 15 (fifteen) years regular service in the grade." 3.3. On receipt of the information that the Recruitment Rules, 2007 were likely to be amended, the Secretary of the petitioner association submitted three representations dated 06.10.2014 with the request that the State Government should take into account the qualifications as well as the length of services rendered by them and should not disturb the quota ratio of 25:75 between the direct recruitment and the promotion as laid down in the Recruitment Rules, 2007. Without considering the said representations submitted by the petitioner association and in super-session of all previous rules, the Recruitment Rules, 2014 were notified whereby the promotional avenue available with the members of the petitioner association as per the Recruitment Rules, 2007 had been taken away and the relevant portion thereof as regards the promotion reads as under: "Promotion:- From the cadre of F.As./V.E.Ws. or its equivalent having Degree in B.Ss. (Agri./Horti.) from a recognized University only with 3 (three) years regular service in the grade." 3.4. Being aggrieved by the Notification dated 17.11.2014 notifying the Recruitment Rules, 2014, the instant writ petition was filed by the petitioner association on the inter-alia grounds that the members of the petitioner association were completely deprived of their promotional avenue on the ground that they did not possess B.Sc. Degree; that the Recruitment Rules, 2014 were violative of Article 14 and 16 of the Constitution of India; that it is well settled principle of law that during the lifetime of an employee, at least two promotional avenue should be given and that the Recruitment Rules, 2014 had been made only to favour some of the F.As/V.E.Ws./equivalent holding B.Sc. Degree; that the Recruitment Rules, 2014 were violative of Article 14 and 16 of the Constitution of India; that it is well settled principle of law that during the lifetime of an employee, at least two promotional avenue should be given and that the Recruitment Rules, 2014 had been made only to favour some of the F.As/V.E.Ws./equivalent holding B.Sc. Degree depriving those F.As/V.E.Ws./equivalent holding Diploma/Certificate Course, like the members of the present petitioner association, of their rights to be considered for promotion. In support of these grounds, the learned counsel appearing for the petitioner association has placed reliance in the judgment and orders dated 16.12.2014 passed by the Hon'ble Supreme Court in the case of S. Seshachalam and Others vs. Chairman, Bar Council of India, C.A. Nos. 11454-11459 of 2014 and dated 03.11.2017 in Maharashtra Forest Guards and Foresters Union vs. State of Maharashtra and Others, C.A. No. 17974 of 2017. 4. The stand of the State Government as indicated in their affidavit is that the issues relating to prescription of qualifications; conditions of service including the avenue of promotion and criteria to be fulfilled for promotion etc., pertain to the field of policy and are within the discretion and jurisdiction of the State Government. It is open to and within the competence of the State Government to change, alter or amend the rules relating to conditions of service by addition/subtraction of the qualifications/eligibility criteria etc. from time to time as the administrative exigencies may need or necessitate. No right is conferred upon the employee to claim that the rules governing the conditions of his service shall remain the same forever and the chance of promotion does not constitute the conditions of service and therefore, mere alteration of the chance of promotion may not call for per se judicial interference. In order to remove stagnation of service of the employees, the State Government has formulated the scheme known as the Assure Career Progression (ACP) Scheme so as to provide benefits to them and as per the said scheme, the employees are granted two financial up-gradations - one, after completion of 12 years of regular service and two, after completion of 12 years of regular service from the 1st ACP. It has also been stated in the affidavit that to cope up with the fast change in technology, growing population and demand for more food resources from Agricultural Sector, the Department of Agriculture requires employees with modem technical expertise in the field of agriculture and therefore, the recruitment rules which are obsolete, had to be amended by the State Government. 5. It is not in dispute that the members of the petitioner association were eligible for being considered for appointment on promotion to the post of Assistant Agriculture Officer under the Recruitment Rules, 2007 and in other words, they had the rights to be considered for appointment to the post of Assistant Agriculture Officer. Their aforesaid rights have been taken away while amending the recruitment rules and in the Recruitment Rules, 2014, the minimum qualification prescribed for appointment to the post of Assistant Agriculture Officer, either by direct recruitment or by promotion, is that an incumbent or a candidate so far as the direct recruitment is concerned, shall be the one who holds B.Sc. Degree in Agriculture. Be it noted that under the provisions of Article 309 of the Constitution of India, the State Government is empowered to make recruitment rules which includes the power to amend the same but the only exception that has to be carved out in terms of the law laid down by the Hon'ble Supreme Court in a catena of decisions, is that while amending the recruitment rules, the rights already accrued in favour of an employee shall not be affected and infringed. Moreover, it has also been laid down by the Hon'ble Supreme Court that the vacancies of a post shall be filled up in accordance with the rules which were in force at the time when the vacancies arose. In the present case, it is no doubt true that the members of the petitioner association had the rights to be considered under the Recruitment Rules, 2007 but such rights would have been relevant only when there were vacancies for consideration. In other words, the right of the members of the petitioner association to be considered for promotion will continue to exist till the vacancies, which arose while the recruitment rules, 2007 were in operation, are filled up and not beyond that for the reason that they have become ineligible for consideration under the Recruitment Rules, 2014 in respect of the future vacancies. It may be noted that during the course of hearing, it has been vehemently submitted by the learned Advocate General, Manipur that there are no vacancies against which the members of the petitioner association could now be considered under the Recruitment Rules, 2007. No material has been placed on record by the petitioner association also to show that there are vacancies which arose while the Recruitment Rules, 2007 were in operation and remained unfilled till date. In such a situation, the only remedy available with the members of the petitioner association is to enjoy the benefits as provided under the Assure Career Progression (ACP) Scheme. Thus, as and when vacancies arise in future, all the eligible candidates will have to be considered in accordance with the Recruitment Rules, 2014 whereby 25% of the vacancies have been reserved for promotion from amongst the incumbents who are holding the posts of Field Assistant/Village Extension workers with B.Sc. Degree in Agriculture. This will have to be done in terms of the law laid down by the Hon'ble Supreme Court that all eligible candidates ought to be considered for appointment on promotion in accordance with the rules which are in operation at the time of consideration. The facts of the present case are not identical to that of the cases relied upon by the counsel appearing for the petitioner association and therefore, the law laid down therein will not apply to the facts of the present case. 6. In view of the above and for the reasons stated hereinabove, the instant writ petition which is devoid of any merit, is dismissed with no order as to costs.