STATE OF KARNATAKA Vs. B. MAHADEVAIAH

JUDGEMENT

(1.) These writ petitions are directed against the order in Application Nos. 2906 to 2907/2012 dated 11.3.2013 whereby the Karnataka Administrative Tribunal, Bangalore, has read down the proviso to Entry 53 of the Schedule to the Karnataka Forest Department Services (Recruitment) Amendment Rules, 2003 (for short 'the Rules') and the notification dated 26.11.2007 relating to appointment of Forest Watchers. The Chief Conservator of Forests and Recruitment Authority, Chamarajanagar Circle, Chamarajanagar, the fourth petitioner herein, issued the notification at Annexure-B dated 27.6.2011 inviting applications from qualified candidates for the selection to 72 posts of Forest Watchers to work for Forest Tiger, Bandipur. This was followed by yet another notification at Annexure-C dated 1.7.2011 inviting application from the qualified candidates for the selection of 118 posts of Forest Watchers.

(2.) In response to the said notification, the respondents applied for the post of Forest Watchers under the Schedule Tribe (ST) reserved category and submitted all the documents such as the caste certificate, residential proof certificate, school certificate, etc. The fourth petitioner scrutinized the said documents and issued admission cards to the respondents as per Annexures 'A27' and 'A28' respectively. The respondents appeared and passed the required test and examination for the post of Forest Watchers. Subsequently, a list of eligible candidates was issued containing the names of the respondents at Sl. No. 106 and Sl. No. 98 respectively.

(3.) The fourth petitioner issued intimation letters as per Annexures 'A30' and 'A31' directing the respondents to appear before him on 1.12.2011. Accordingly, they appeared before him and submitted necessary documents. But the fourth petitioner informed them that the date had been postponed and that they would shortly receive intimation letters of the proposed date for the physical test. The respondents received the intimation letter dated 13.2.2002 at Annexures 'A32' and 'A33' respectively stating that they had not submitted their documents. They were granted one more opportunity to do so. The respondents again appeared before the fourth petitioner on 23.2.2011 and submitted their original documents. It is the case of the respondents that the fourth petitioner refused to receive the documents and informed them that they had not been selected since they had received their education outside the Project Tiger Division, Bandipur.