H S VANKANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The controversy in this case is with regard to the inter-se seniority between two batches of direct recruits Range Forest Officers viz., 1979-81 batch (non-graduates) and 1980-81 batch (graduates) of the Subordinate Forest Services of the State of Gujarat and their further promotion to the post of Assistant Conservator of Forests.

(3.) The recruitment to the posts of Rangers in the Subordinate Forest Services is governed by the Rangers (Subordinate Forest Service) Recruitment Rules, 1969 (in short '1969 Rules') which was framed by the Government of Gujarat in exercise of its powers conferred under the proviso to Article 309 of the Constitution of India. Appointment to the post of Rangers is made either by way of promotion from the post of Forester or by direct selection. Rule 3 of the 1969 Rules stipulated that a candidate to be eligible for appointment by direct selection should possess a minimum educational qualification of intermediate examination of any recognized university or its equivalent examination comprising of subjects specified therein. Rule 7 lays down that the candidates have to undergo a selection process consisting of a written test and interview. Rule 10 states that the finally selected candidates have to undergo the Rangers course which reads as follows: