JUDGMENT : Moksha Khajuria Kazmi, J. These appeals are directed against the common judgment dated 18.07.2018 passed by the learned Single Judge in SWP No. 2971/2015 and other connected writ petitions where the petitioners have called in question the Government Order No. 11-ARI of 2015 dated 12.10.2015 whereby the government has accorded sanction to the re-designation of the post of Junior Inker Feeder/Senior Inker Feeder as Orderly/Jamadar respectively. The petitioners had also assailed the Advertisement Notification No.01 of 2015 dated 20.10.2015 whereby the applications for 49 posts of Orderly/Jamadar were invited pursuant to issuance of Government Order No. 11-ARI of 2015 dated 12.10.2015. 2. To appreciate the arguments addressed to us on behalf of the appellants and the respondents, it is necessary to give, in chronological order, the events leading to the filing of the writ petitions and their significance. The appellants/petitioners are 10+2 and Matriculate respectively and have undergone apprenticeship training from Ministry of Labour, Government of India’s National Council for Vocational Training. Vide Advertisement Notification No. 01 of 2009 dated 16.12.2009, the General Manager, Ranbir Govt. Press, Jammu invited applications for filling up different posts lying vacant in the Divisional cadre which included 25 posts of Inker Feeder. The minimum qualification prescribed for the posts was Matriculate with apprenticeship in press of repute. The notification had also provided the maximum qualification as 10+2. The post of Inker Feeder is borne on the Divisional cadre of the Jammu and Kashmir Press (Subordinate)Service created by the Jammu and Kashmir Press (Subordinate)Service Recruitment Rules, 1980 (“the Recruitment Rules” for short) promulgated by SRO 403 dated 01.08.1980. 3. The appellants/petitioners claim to have responded to the aforesaid Advertisement notification. The said notification had not proceeded further when the General Manager, Ranbir Government Press issued another Notification bearing No. 01 of 2010 dated 28.06.2010. This Notification was in continuation to the earlier Notification issued on 16.12.2009 with a clear stipulation that the candidates who had already applied for the post re-advertised were not required to apply again. As is apparent from the 2010 Notification, the respondents changed qualification. The qualification mentioned in the earlier notification “Matriculation with apprenticeship in press of repute” was substituted by “with minimum two years experience in press of repute”. As is apparent from the 2010 Notification, the respondents changed qualification. The qualification mentioned in the earlier notification “Matriculation with apprenticeship in press of repute” was substituted by “with minimum two years experience in press of repute”. Finding the prescription of new qualification contrary to the Rules, the appellants/petitioners challenged the Advertisement Notification dated 28.06.2010 through the medium of writ petition bearing SWP No. 1559/2010 titled “Sunil Kumar & Ors. Vs. State of J&K & Ors, which was disposed of by the learned Writ Court vide judgment dated 22.10.2011. The relevant extract from the judgment impugned is reproduced hereunder:- “No reasons whatsoever can justify a departure from the eligibility criteria prescribed under Recruitment Rules of 1980. The plea that change in criteria has found approval at the highest level and that the criteria has been modified in wake of Communication No.42- SP/2005-II dated 01.06.2010 addressed by Under Secretary to Government, ARI and Trainings Department to the General Manager, Government Press, Srinagar cannot change complexion of the case. So viewed, the writ petition is allowed and the impugned Communication No. 42-SP/2005-II dated 01.06.2010 and the Advertisement Notice No. 01 of 2010 dated 28.06.2010, are quashed. The respondent No.4 shall be at liberty to re-advertise the post after ensuring tha5t the Advertisement Notice is strictly in accordance with the Recruitment Rules. Needless to mention that such of the candidates who have already responded to the advertisement notice and filled up their eligibility application and satisfy the criteria, shall not be asked to again apply for the post so that they are burdened with the costs likely to be incurred on account of fresh applications”. 4. In compliance to the judgment, the respondents did not proceed with the selection in terms of the quashed Advertisement Notification, but decided not to avail of the liberty granted by the Court to re-advertise the posts in strict compliance of the eligibility conditions laid down in the Recruitment Rules. When this did not happen, one of the petitioners, namely Sanjeev Kumar approached the respondents by way of an application under Right to Information Act, 2009 asking certain information with regarded to the selection of Inker Feeders. In response to the queries raised by the petitioner-Sanjeev Kumar, the Public Information Officer of the respondents intimated to the petitioner that there were in as many 25 vacant posts of Inker Feeder. In response to the queries raised by the petitioner-Sanjeev Kumar, the Public Information Officer of the respondents intimated to the petitioner that there were in as many 25 vacant posts of Inker Feeder. It was also intimated that the posts of Inkier Feeder have neither been re-designated nor its nomenclature changed but the department has taken up the matter with the Administrative Department for re-designation of these posts as Helpers on the ground that due to introduction of modern/sophisticated digitalized printing machines, manual inking had been replaced by automatic inking process. It was further intimated that function of the inker Feeders was to feed ink in printing machines and in view of the sophisticated/digitalized printing machines, process of manual inking is no more required and, therefore, there is no need to recruit Inker Feeders. These were the reasons explained by the Public Information Officer for taking up the matter with the Administrative Department for re-designation of these posts as Helpers. 5. The Administrative Department of ARI & Training vide Government Order No. 11-ARI of 2015 dated 12.10.2015 accorded sanction to the re-designation of the post of Junior Inker Feeder/Senior Ink Feeder as Orderly/Jamadar. In terms of the said re-designation, an Advertisement Notice No. 01 of 2015 dated 20.10.2015 was issued whereby applications were invited for 49 posts of orderly/Jamadar 6. The appellants/petitioners being aggrieved of aforesaid action of respondents, filed writ petitions bearing SWP Nos. 2971/2015, 835/2018 & 3039/2015. The learned Writ Court, after hearing the parties, held as under:- “The government has taken a policy decision to abolish the post of Inker Feeders on the ground that these are no longer required in view of the modern technology being put in use in the printing press and create equal number of posts in the cadre of Orderlies/Jadamars. There is, thus, no creation of new posts with new nomenclatures. The order impugned only adds few more posts to the existing cadre of orderlies/Jamdars. Therefore, in my considered opinion, no amendment to the Recruitments Rules was required. The order impugned has been issued in exercise of the power which flows from Rule 4 of the Recruitment Rules and therefore, legally valid”. 7. The order impugned only adds few more posts to the existing cadre of orderlies/Jamdars. Therefore, in my considered opinion, no amendment to the Recruitments Rules was required. The order impugned has been issued in exercise of the power which flows from Rule 4 of the Recruitment Rules and therefore, legally valid”. 7. The appellants/petitioners have challenged the impugned judgment dated 18.07.2018, primarily, on the ground that the initial cadre strength of the post of Junior/Senior Inker Feeder created at the time of framing of the Recruitment Rules called the Jammu and Kashmir Press (Subordinate) Service Recruitment Rules, 1980 was statutory in nature and any order in the form of executive order including Government order dated 12.10.2015, amending the statutory cadre strength of the post of Junior/Senior Inker Feeder was not sustainable. It has also been stated that the Government order dated 12.10.2015 and the consequent Advertisement Notice No. 01 of 2015 dated 20.10.2015 was violative of the judgment dated 22.10.2011 rendered in SWP No. 1559/2010 titled “Sunil Kumar & Ors. vs State & Ors, and that in terms of Rule 6 of the J&K Classification, Control and Appeals Rules, 1956, it is statutorily provided that the cadre of each service, class, category or grade shall be determined by the Government by a notification published in the J&K Government Gazette, whereas the initial cadre strength of Junior/Senior Inker Feeder provided at the time of framing of Recruitment Rules was by way of a statutory enactment, in exercise of the constitutional powers vested under the proviso to Section 124 of the of the Constitution of J&K and the aforesaid statutory cadre strength of junior/Senior Inker Feeder could be altered, either by abolition or even by re-designation, through the medium of a statutory amendment i.e., by issuance of an SRO or at least by issuance of a Notification which was required to be published in a Government Gazette which was never done by the Government. 8. The respondents in their response have stated that respondent No.2 issued the Government Order No. 11-ARI of 2015 dated 12.10.2015, legally, constitutionally and within jurisdiction. The Government Press Jammu/Srinagar moved a proposal to the Administrative Department for converting the posts of Inker Feeder into Helpers, as the post of Inker Feeder was introduced in the Government Presses when the printing was done by old and now obsolete Letter Press conventional Printing Process. The Government Press Jammu/Srinagar moved a proposal to the Administrative Department for converting the posts of Inker Feeder into Helpers, as the post of Inker Feeder was introduced in the Government Presses when the printing was done by old and now obsolete Letter Press conventional Printing Process. However, with the introduction of sophisticated Digital Printing Machines, whole scenario changed and the Manual Ink feeding was replaced with the Automatic Ink Feeding Machines. Besides, the imparting of apprenticeship training in the field of Printing was disbanded by the concerned agency as no need was felt for engagement of candidates in the printing field like composing, binding, printing etc., as the conventional Printing Process has been replaced by Digital Printing Machines.. It has also been stated that Government Order No. 11-ARI of 2015 dated 12.10.2015 and Advertisement Notice No. 01 of 2015 dated 20.10.2015 have been issued within the jurisdiction after seeking approval from the Government vide No. GDC-67/CM/2015 dated 18.09.2015. 9. Learned senior counsel for the appellants in support of their case have placed reliance upon the judgments of Hon’ble Supreme Court in cases titled Punjab State Warehousing Corpn. Vs. Manmohan Singh and another, (2007) 9 Supreme Court Cases 337, Secretary, State of Karnataka and ors vs. Umadevi and ors, (2006) 4 Supreme Court Cases 1 & Arjun Singh Rathore and ors vs. B.N.Chaturvedi and ors, (2007) 11 Supreme Court Cases 605. Learned senior counsel has laid stress upon the observations made in Umadevi’s case (supra) which are as under:- “Normally, statutory rules are framed under the authority of law governing employment. It is recognized that no government order, notification or circular can be substituted for the statutory rules framed under the authority of law. This is because, following any other course could be disastrous inasmuch as it will deprive the security of tenure and the right of equality conferred on civil servants under the Constitutional scheme. It may even amount to negating the accepted service jurisprudence. Therefore, when statutory rules are framed under Article 309 of the Constitution which are exhaustive, the only fair means to adopt is to make appointments based on the rules so framed”. It may even amount to negating the accepted service jurisprudence. Therefore, when statutory rules are framed under Article 309 of the Constitution which are exhaustive, the only fair means to adopt is to make appointments based on the rules so framed”. Learned senior counsel has also laid stress upon the observations made in Manmohan Singh’s case (supra) which are as under:- Furthermore, when the terms and conditions of the services of an employee are governed by the rules made under a statute or the proviso appended to Article 309 of the Constitution of India, laying down the mode and manner in which the recruitment would be given effect to, even no order under Article 162 of the Constitution of India can be made by way of alterations or amendments of the said rules. A’fortiori if the recruitment rules could not be amended even by issuing a notification under Article 162 of the Constitution of India; the same cannot be done by way of a circular letter”. On the other hand, learned counsel for the respondents has placed reliance upon judgments of Hon’ble Supreme Court in cases titled Nagpur Improvement Trust vs. Yadaorao Jagannath Kumbhare and ors, (1999) 7 Supreme 75 and B.N.Nagarajan and ors vs. State of Mysore and ors, (1966) AIR (SC) 1942. 10. In exercise of powers conferred by the proviso to Section 124 of the Constitution of J&K, the Governor made the Jammu and Kashmir Press (Subordinate) Service Recruitment Rules,. 1980. The relevant Rules are reproduced as under:- “2. Definitions. In these rules, unless the context requires- (a) ‘Cadre means cadre of the Service; (b) .................... (c) .................... (d) .................... 3. Organization The service shall comprise the posts, classes, categories and grades as are indicated in Schedule “I”. 4. Cadre The Cadre of the service shall consist of such number of permanent and temporary posts as stand sanctioned on the day these rules come into force and such number of them as may be sanctioned for each of its classless and categories from time to time by the government.” .................... .................... 13. Residuary matters. In regard to all matters not specifically covered by these rules, the members of the service shall be governed by rules, regulations and orders applicable to the State Civil Services in general.” 11. .................... 13. Residuary matters. In regard to all matters not specifically covered by these rules, the members of the service shall be governed by rules, regulations and orders applicable to the State Civil Services in general.” 11. Rule 6 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 are also relevant and is also reproduced hereunder:- “6. The cadre of each service, class, category or grade shall be determined by the Government by a notification published in the Jammu and Kashmir Government Gazette”. 12. Schedule I of J&K Press (Subordinate) Service Recruitment Rules, 1980 is relevant and is reproduced hereunder:- S. No. Name of Post Grade Sanctioned strength Jammu Kashmir Permanent Plan Temporary Total Permanent Plan Temporary Total 1 2 3 4 5 6 7 8 9 10 11 General Section: 1. ..... 2. ..... 3. ..... 4. Inker Feeder 390-500 44 4 48 20 4 24 5. Inker Feeder 345-460 18 2 20 6. ..... 7. ..... 8. ..... 9. ..... Schedule II is also relevant and is reproduced hereunder:- Class Category Designation of post and Grade Ratio of direct recruitment Ratio of recruitment by promotion Direct recruitment Qualification by promotion 1 2 3 4 5 6 7 General Section: 1 A Packer/Inker Feeder/stone Rubber/Time Keeper in 390-500 (revised) 25% 75% Matric with Apprenticeship in press of repute By promotion from Class I category “B” B Packer/Inker Feeder/Stone Rubber/Time Keepers/Gate Keeper in 345-460 (revised) 75% 25% Matric with Apprenticeship in press of repute By adjustment form Matriculate Chowkidars, Orderlies, Gate Keepers Mallies of Ministerial Cadre having at least two years service as such. 13. These Rules clearly show that initial cadre of service consisted of such number of permanent and temporary posts as stood sanctioned on the date the Rules came into force. Rule 4 gives power to the Government to sanction posts. As per Jammu and Kashmir Press (Subordinate)Service Recruitment Rules, 1980, the post of Inker Feeder in class-I category “A” & “B”, the minimum qualification is “Matric with Apprenticeship in Press of Repute”. 25% category “A” posts are to be filled by direct recruitment & 75% by promotion from category “B” and insofar as category “B” post of Ink Feeder, 75% posts are to be filled by direct recruitment and 25% by promotion from Matriculate Chowkidars, orderlies etc. 14. 25% category “A” posts are to be filled by direct recruitment & 75% by promotion from category “B” and insofar as category “B” post of Ink Feeder, 75% posts are to be filled by direct recruitment and 25% by promotion from Matriculate Chowkidars, orderlies etc. 14. As per Rule 6 of the Rules of 1956, it is provided that cadre of each service, class, category or grade shall be determined by the Government by a notification published in the J&K Government Gazette. As per Business Rules framed under Section 43 of the Constitution of Jammu and Kashmir, sanction of the Cabinet has not been taken. The Second Schedule (Rule 8) is relevant and is reproduced hereunder:- Cases which shall be brought before the Cabinet- 15. Proposals for the creation or the abolition of any post under the Government carrying a pay scale the maximum of which is above Rs.15200 per mensem in the case of posts in the plan for the Development Schemes and Rs.12000 per mensem and above in the case of posts borne on the Non- Plan Budget. 15. Admittedly, sanction has been accorded to the re-designation of the posts of Jr. Ink Feeders/Senior Ink Feeders by respondent No.2, by way of an executive order. 16. It is necessary to mention here that the initial cadre strength of Junior/Senior Inker Feeder provided at the time of framing of Recruitment Rules was by way of a statutory enactment, in exercise of the constitutional powers vested under the proviso to Section 124 of the Constitution of Jammu and Kashmir and the said statutory cadre strength of Junior/Senior Inker Feeder can only be altered/modified, either by abolition or by re-designation through the medium of a statutory amendment i.e., by issuance of a SRO or at least by issuance of a Notification which is also required to be published in a Government Gazette in terms of Rule 6 of Rules of 1956. 17. It is well settled that a statutory rule cannot be modified or amended by executive instructions. 18. The above view of ours is fortified by the judgment of Supreme Court rendered in a case titled Senior Superintendent of Post Officer vs. Izhar Hussain, 1989 AIR 2262, wherein it was held thus:- “.....A statutory rule cannot be modified or amended by executive instructions. 18. The above view of ours is fortified by the judgment of Supreme Court rendered in a case titled Senior Superintendent of Post Officer vs. Izhar Hussain, 1989 AIR 2262, wherein it was held thus:- “.....A statutory rule cannot be modified or amended by executive instructions. A valid rule having some lacuna or gap can be supplemented by the executive instructions, but a statutory rule which is constitutionally invalid cannot be validated with the support of executive instructions. The instructions can only supplement and not supplant the rule.” 19. Apart from the above, as per Business Rules, under Section 43 of J&K Constitution, for the creation or the abolition of any post under the Government carrying a pay scale the maximum of which is above Rs.15200/- per mensem in the case of posts in the plan for the Development Schemes and Rs.12000/- per mensem and above in the case of posts borne on the Non-Plan Budget, sanction of Cabinet is required to be taken. 20. For all the reasons stated above, we allow the appeals filed by the appellants. Consequently, the judgment of Writ Court is set aside and the Government Order No.11-ARI of 2015 dated 12.10.2015 and Advertisement Notification No.01 of 2015 dated 20.10.2015 impugned in the writ petitions are quashed.