S. RAMESH AND ANR. versus STATE OF KARNATAKA AND ANR.

S. RAMESH AND ANR. versus STATE OF KARNATAKA AND ANR.

A Range Forest Officer who has stood first in the Rangers Forest Training Course in a college or institute recognized by the Central Government is entitled to be sent by the State for the Diploma Course in Forestry without selection by the Public Service Commission and need not wait until he is eligible for promotion. The Full Bench's restriction that only those eligible for promotion may be considered is not supported by the recruitment rules.

Parties
Appellant: S. Ramesh; Appellant: N. Shivaraju; Respondent: State of Karnataka; Respondent: Principal Chief Conservator of Forests
Jurisdiction
India
Judgment Date
02 July 1995
Procedural Posture
Civil Appeal / Appeal From Full Bench Decision of Karnataka Administrative Tribunal
Outcome
Appeal allowed; Special Leave Petitions rejected
Legal Topics
Recruitment Rules, Eligibility for Diploma Course, Direct Recruitment, Interpretation of Service Rules
Public Service Law Administrative Law Recruitment Rules Eligibility for Diploma Course Direct Recruitment Interpretation of Service Rules

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Parties

S. Ramesh

Appellant

N. Shivaraju

Appellant

State of Karnataka

Respondent

Principal Chief Conservator of Forests

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Bench Decision of Karnataka Administrative Tribunal

Legal Issues

  1. 1 When does a Range Forest Officer become eligible under the proviso to the Note in Schedule to Rule 2 for being sent as a candidate to Diploma Course in Forestry?
  2. 2 Does the proviso require eligibility for promotion as a precondition to being sent for the Diploma Course?

Ratio Decidendi

A Range Forest Officer who has stood first in the Rangers Forest Training Course in a college or institute recognized by the Central Government is entitled to be sent by the State for the Diploma Course in Forestry without selection by the Public Service Commission and need not wait until he is eligible for promotion. The Full Bench's restriction that only those eligible for promotion may be considered is not supported by the recruitment rules.

Court Disposition

Appeal allowed; Special Leave Petitions rejected

Orders

  • Judgment of the Full Bench of the Tribunal set aside, except in its disapproval of Rajshekharan's case.
  • Applications of the appellants before the Tribunal allowed.