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"Essential:
Experience of timber trade and sawing practice for about five years.
Qualifications relaxable at Commission's discretion in case of candidates otherwise well qualified. Desirable:
A degree in Engineering or Science."

These Rules underwent a slight change when they were amended in 1973. The 1973 amendment changed the Schedule in so far as the requirements (educational qualifications, etc.) for the post of ACF and AMM are concerned. Now the essential qualifications required for the post of ACF were as under:

"Essential: (i) A degree in Civil, Mechanical or Chemical Engineering or Master's degree in Chemistry or recognized university or equivalent, (ii) 3 years experience of timber or sawing practice or both in total. (Qualification relaxable at the discretion of the UPSC in case of candidates otherwise well qualified).
The pay-scale was now increased and it was Rs.350-25-500-590-EB- 30-830-35-900, which is identical to the post of ACF. However, it was provided that if the ACF was appointed in the post of AMM, he would draw his grade's pay. There was also amendment in respect of the recruitment of both these posts. The relevant columns in respect of both the posts, i.e., ACF and AMM at the time of 1963 Rules and at the time of amendment in 1973 are given below in juxtaposition:

17. The High Court while giving that finding has also considered the educational qualifications required. The qualifications required for AMM in the unamended Rules were 5 years experience of timber trade and sawing practice. In sharp contradiction to this in the unamended Rules the qualifications for ACF were Associateship Diploma of the Forest Research Institute and Colleges, Dehradun or equivalent with the educational qualifications like degree in Natural Science, Maths, Geology, Mechanical Engineering or Agriculture of recognized University or equivalent qualification. In the unamended Rules of 1963 these qualifications were not at all there for AMM. The essential qualifications for the post of ACF, therefore, clearly suggest that for being ACF one has to have a degree in the subjects and also the diploma of the recognized Forest Research Institute. Barring the experience of the timber trade and sawing practice of five years, there was no essential qualifications in the unamended Rules for the post of AMM. The degree in science was only a desirable qualification and not essential one. In 1973 after the amendment the post of AMM also required the essential qualifications of a degree in Civil, Mechanical or Chemical Engineering or Masters Degree in Chemistry or recognized University or equivalent and three years experience of timber or sawing practice while the essential qualifications for the post of ACF was the degree in Natural Science, Maths, Statistics, Geology, Mechanical Engineer, Civil or Chemical Engineering, Agriculture or Economics, etc. Therefore, one thing is clear that atleast till 1973 there was no necessity on the part of the AMM to be a degree-holder or to have a degree in any subject "connected with forestry" nor was a diploma of Forest Research Institute was required unlike ACF. It would be clear from this that again in 1973 the degree that was required was only in Civil, Mechanical or Chemical Engineering or Masters Degree in Chemistry the subjects which have nothing to do with forest. Further, unlike the ACF qualifications there was no necessity on the part of the AMM to have Biology, Physics or Chemistry as subjects in Higher Secondary or Matriculation or equivalent. This itself suggests that the post of AMM was more technical based than forestry based.

has to be rejected.
20. A feeble argument was tried to be raised that the definition of "Forest Officer" given in Section 2(2) of the Indian Forest Act read with Section 32(a) thereof suggests that the functions of the Forest Officers include the cutting, sawing, conversion and removal of trees and timber, etc. The argument has no basis as besides those duties the Forest Officer has other duties connected with forest and merely because sawing and cutting of the timber come within his duties which is similar as that of AMM, the AMM will not become a post "connected with the forestry". The AMM's duty is only connected with the mill. The AMM does not have to take a decision with regard to how the trees will have to be grown or cut in the forest and in what manner.