AMIT B JETHAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ of quo-warranto or an appropriate writ, order and/or direction directing the respondent No.1 to remove the respondent No.3 from the post of Director, Forest and Environment Department by holding the promotion of the respondent No.3 as irregular and illegal. By way of this petition, the petitioner challenges the action of the respondent No.1 - State of Gujarat in promoting the respondent No.3 as Director (Class-I), Forest and Environment Department contending inter-alia that the promotion of the respondent No.3 on the said post is without making prior mandatory consent of the respondent No.2 - Gujarat Public Service Commission (hereinafter referred to as "GPSC" for short).

(2.) It is the case on behalf of the petitioner that the petitioner is the President of Gir Nature Youth Club and also an Ex-Member of State Wild Life Advisory Board, Government of Gujarat and is working for the protection of environment, forest and wildlife.

(3.) It is submitted by Mr.Purvish J. Malkan learned advocate appearing for Mr.K.I. Kazi, learned advocate appearing on behalf of the petitioner that as per the Director (Class-I), in the Forest and Environment Department (Gujarat State Service) and Recruitment Rules, 1999 framed in exercise of the powers conferred by the provisions of Article 309 of the Constitution of India, appointment to the post of Director (Class-I), Forest and Environment Department in the Gujarat State Service shall be made either (a) by promotion on the basis of principle of selectivity of a person from amongst the persons who have worked for about 5 years in the cadre of Senior Technical Officer (Class-I) in Forest and Environment Department or (b) by transfer of deputation basis of a suitable officer working on the analogues post in any department or government institution and who possesses educational qualification and experience specified in Rule 3 for direct selection or (c) by direct selection.