JUDGMENT : [A.M. Bujor Barua, J.] 1. Heard Ms. N. Danggen, learned counsel for the petitioner and Mr. K Ete, learned Advocate General In-charge for the State of Arunachal Pradesh appearing for all the respondents. 2. The petitioner, who was initially appointed as a Lecturer, in the year 1996, later re-designated as Assistant Professor, was subsequently promoted as a Reader and was serving at Dera Natung College, Itanagar, Arunachal Pradesh. By participating in a selection process in the year 2010 in response to an advertisement issued by the Arunachal Pradesh Public Service Commission, the petitioner was appointed as Principal for Government Colleges as per order dated 14.06.2010 of the Director of Higher and Technical Education, Arunachal Pradesh. 3. This writ petition is instituted with the following prayers:- “(1) A writ in the nature of certiorari shall not be issued to declare and adjudge column 12 of the Director, Higher & Technical Education (Amendment) Rules, 2014, as being ultra vires to the Constitution of India. (2) A writ in the nature of certiorari shall not be issued to declare and adjudge column (11) and column 12(i) & (ii) of the Joint Director (Amendment) Rules, 2013 of the Department of Higher & Technical Education as being ultra vires to the Constitution of India. (3) A writ in the nature of certiorari shall not be issued to declare and adjudge column 12(i) &(ii) of the Deputy Director (Higher & Technical Education) Recruitment (Amendment) Rules, 2014 as being ultra vires to the Constitution of India. (4) A writ in the nature of certiorari shall not be issued quashing and setting aside the order no. ED/HE(Court)-03/2019 dated 09.10.2019 passed by the Secretary (Education), Government of Arunachal Pradesh, Itanagar. (5) A writ in the nature of Mandamus shall not be issued directing the respondent authorities to provide adequate promotional avenues for the grade of Principal of Government Colleges under the Directorate of Higher & Technical Education. (6) Pass such other order/orders as may be deemed fit and proper in the facts and circumstances of the case.” 4. The petitioner is aggrieved by the provisions of the notification dated 22.09.2014 of the Education Department of the Government of Arunachal Pradesh, whereby the Director, Higher and Technical Education Recruitment Rules, 2002 (in short Rules of 2002) was amended by the Director, Higher and Technical Education (Amendment) Rules, 2014 (in short Rules of 2014). The petitioner is aggrieved by the provisions of the notification dated 22.09.2014 of the Education Department of the Government of Arunachal Pradesh, whereby the Director, Higher and Technical Education Recruitment Rules, 2002 (in short Rules of 2002) was amended by the Director, Higher and Technical Education (Amendment) Rules, 2014 (in short Rules of 2014). As per column 12 to the Schedule to the Rules of 2014, it had been provided that the post of Director, Higher Education would be filled up by promotion from Joint Director of Higher and Technical Education having 08 (eight) years of regular service in the grade, failing which from the Deputy Director of Higher and Technical Education with 13 (thirteen) years regular service in the grade and failing such, on deputation from Principal of Government Colleges having 05 (five) years of regular service in the grade. 5. The petitioner being a regular Principal of a Government College is aggrieved by the aforesaid amendment to the extent that the opportunity of a Principal to be the Director would be only upon the non-availability of a Joint Director of eight years of service or a Deputy Director of thirteen years of service. 6. In this respect, we have also taken note of that as per the Joint Director Recruitment Rules, 2008, as amended by the Joint Director Recruitment (Amendment) Rules, 2013, a Joint Director would be recruited by deputation on tenure basis from Colleges, Universities or Government Departments holding a post in a grade pay of Rs. 6600/- for a period of five years and further that the tenure of deputation shall not ordinarily exceed three years in any case with a further stipulation that the person taken on deputation shall not claim for regular absorption in the deputed department. We have also taken note that the Deputy Director, (Higher and Technical Education) Recruitment Rules 2008 as amended by the Deputy Director, (Higher and Technical Education) Recruitment (Amendment) Rules, 2014, also provides that recruitment to the cadre of Deputy Director would be by deputation on tenure basis from Colleges, Universities and other State Government Departments holding analogous post in the grade pay of Rs. 6600/- per month for a period of five years and that the tenure of deputation shall not ordinarily exceed three years. 7. 6600/- per month for a period of five years and that the tenure of deputation shall not ordinarily exceed three years. 7. A reading of the Joint Director (Higher and Technical Education) Recruitment Rules 2008 as amended in 2014 and the Deputy Director (Higher and Technical Education) Rules, 2008 also as amended in 2014 makes it discernible that the post of Joint Director of Higher Education and Deputy Director of Higher Education can be held only by means of deputation for a maximum tenure of three years and further that in respect of Joint Directors and Deputy Directors on deputation, no claim can be made for a permanent absorption. The provisions of the amended Rules would be such that the Education Department of Government of Arunachal Pradesh will have Joint Directors and Deputy Directors only on a deputation basis and that too for a maximum tenure of three years. 8. When we read the aforesaid provisions conjointly with the provisions of the Director, Higher Education Recruitment Rules, 2000 as amended in 2014, which provides that the post of Director can be filled up by promotion from Joint Director with eight years of regular service and failing which from Deputy Director with thirteen years of regular service and thereafter failing, on deputation from Principal, would make it discernible that the provisions for promotion from Joint Director and Deputy Director would be unworkable inasmuch as, if the Joint Director and Deputy Director are to be on deputation for a maximum tenure of three years, they cannot satisfy the requirement of having eight years or thirteen years of regular service in the grade. In other words, the Rules have to be understood to mean that if the post of Director cannot be filled up by promotion from Joint Director or Deputy Director, it can now be filled up only from the post of Principal on a deputation basis. 9. As because of the aforesaid inconsistencies regarding the manner in which the post of Joint Director and Deputy Director are to be filled up, Mr. K Ete, Advocate General In-charge makes a statement that a process had already been initiated for further amendment of the recruitment Rules pertaining to Joint Director and Deputy Director, so as to remove the aforesaid inconsistencies. 10. K Ete, Advocate General In-charge makes a statement that a process had already been initiated for further amendment of the recruitment Rules pertaining to Joint Director and Deputy Director, so as to remove the aforesaid inconsistencies. 10. If the authorities are in the process to amend the Rules, we provide that the liberty remains with the authorities to do so. But till such Rules are amended, it has to be understood as indicated above that a Joint Director or a Deputy Director on deputation for a tenure of maximum three years would be ineligible to be promoted to the post of Director. 11. Mr. K Ete, learned Advocate General In-charge also makes a statement that prior to the amendments brought in the year 2014, the Department has Joint Directors and Deputy Directors, who were promoted as per the earlier prevailing Rules and in respect of such Joint Directors and Deputy Directors, the provisions of being on deputation for a maximum tenure of three years would be inapplicable. 12. If it is so, even such Joint Directors and Deputy Directors who were promoted pursuant to the earlier prevailing Rules without being subjected to the limitation of being on deputation for a maximum tenure of three years, would also be eligible to be promoted to the post of Director as per the Director, Higher and Technical Education (Amendment) Rules, 2014. 13. Ms. N Danggen, learned counsel for the petitioner makes a submission that the petitioner had earlier made a representation before the authorities in the Education Department, which resulted in the order dated 09.10.2019, amongst others, providing that the post of Principal would be a tenure post and would no longer remain a regular post as per the provisions of the UGC guidelines of 2018, which the Government of Arunachal Pradesh has stated to have adopted. 14. In this respect, we notice that the recruitment Rules for the post of Principal is governed by the provisions of the Recruitment Rules for post of College Principals 2002 as amended by the Recruitment Rules for the post of College Principals (Amendment Rules) 2012. 15. A reading of the aforesaid Rules does not make it discernible that the provisions of the post of Principal being a tenure post had been adopted by the Government of Arunachal Pradesh. 16. 15. A reading of the aforesaid Rules does not make it discernible that the provisions of the post of Principal being a tenure post had been adopted by the Government of Arunachal Pradesh. 16. With the aforesaid observation, the writ petition stands disposed of by providing that as the Rules stand as of now, the petitioner being the Principal would be eligible for promotion to the post of Director whereas the Joint Directors and Deputy Directors who are on deputation on a tenure of three years would not be eligible. We further provide that if the Department have Joint Directors and Deputy Directors who were promoted as per the earlier Rules, they would also be eligible for promotion provided that they have regular service of eight years and thirteen years, respectively. 17. The order dated 09.10.2019 of the authorities in the Education Department stands modified as indicated above. If the respondents desire they can proceed with the process of promoting to the post of Director from amongst the available candidates as indicated above. Further, liberty will also remain with the respondents to amend the recruitment Rules to remove the inconsistencies referred above.