SRI K. PRASAD & ORS. versus UNION OF INDIA & ORS.

SRI K. PRASAD & ORS. versus UNION OF INDIA & ORS.

The Supreme Court held that initial recruitment to the Indian Forest Service must comply strictly with the Recruitment Rules and Cadre Regulations. All eligible State Forest Service officers as of the specified date must be considered by a properly constituted Special Selection Board, and their suitability assessed for initial appointment in IFS. The government could not expand or alter cadre strength or composition except by amending the relevant regulations in consultation with State Governments. Merely appointing an excess number of officers does not constitute valid cadre expansion. Failure to consider all eligible officers vitiates the selection—as occurred in Orissa, requiring the...

Parties
Appellants/petitioners: Sri K. Prasad & Ors.; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
10 December 1987
Procedural Posture
Civil Appeals and Writ Petitions / Appeal From High Courts and Original Writ Petitions in Supreme Court
Outcome
Appeals from U.P. and Maharashtra dismissed; Orissa writ petitions allowed.
Legal Topics
Seniority Dispute, Initial Recruitment, Direct Recruitment, Cadre Strength, Promotion, Seniority Fixation, Indian Forest Service
Service Law Seniority Dispute Initial Recruitment Direct Recruitment Cadre Strength Promotion Seniority Fixation Indian Forest Service

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Parties

Sri K. Prasad & Ors.

Appellants/petitioners

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeals and Writ Petitions / Appeal From High Courts and Original Writ Petitions in Supreme Court

Legal Issues

  1. 1 Whether the initial and fresh selections for the Indian Forest Service (IFS) in the States of Maharashtra, Uttar Pradesh and Orissa, particularly via Special Selection Boards, complied with the Recruitment Rules and cadre regulations in fixing seniority between initial recruits and direct recruits.
  2. 2 Whether government could expand cadre strength or alter composition by mere appointments, or only through statutory amendments in consultation with State Governments.
  3. 3 Whether failure to consider all eligible officers at the time of selection vitiated the process, specifically in Orissa.

Ratio Decidendi

The Supreme Court held that initial recruitment to the Indian Forest Service must comply strictly with the Recruitment Rules and Cadre Regulations. All eligible State Forest Service officers as of the specified date must be considered by a properly constituted Special Selection Board, and their suitability assessed for initial appointment in IFS. The government could not expand or alter cadre strength or composition except by amending the relevant regulations in consultation with State Governments. Merely appointing an excess number of officers does not constitute valid cadre expansion. Failure to consider all eligible officers vitiates the selection—as occurred in Orissa, requiring the...

Court Disposition

Appeals from U.P. and Maharashtra dismissed; Orissa writ petitions allowed.

Orders

  • Special Selection Board in Orissa directed to re-do initial selections in compliance with principles set out in the judgment.
  • No order as to costs.