GADHAVI NARENDRAKUMAR HINGLAJDANJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these petitions filed under Article 226 of the Constitution of India, essentially deal with the interpretation of the Range Forest Officer, Class-II, Recruitment Rules, 2008. In focus especially is Rule 5 of the said rules which provides that a candidate appointed by direct selection to the post of Range Forest Officer, Class-II, shall be required to undergo a walking test of 25 kilometers in case of a male candidate and 16 kilometers in case of a female candidate within four hours duration.

(2.) The petitioners of Special Civil Application No. 4373 of 2022, 4665 of 2022 and 13490 of 2022 are Range Forest Officers, who after their successfully undertaking the examination process under the Assistant Conservator of Forest / Range Forest Officer's Competitive Examination Rules, 2008, found their names in part-I of the merit list. Subsequently, on appearing at the walking test and having succeeded at the first attempt, they have assailed the stand of the State in giving the private respondents in the respective petitions a second chance to undertake a walking test. It is their case firstly, that there is no provision for a second attempt at a walking test and therefore the appointments of the private respondents based on such a second attempt is an appointment de-hors the rules. Secondly, even if a second attempt was permissible, the placement of the private respondents in the seniority list based on the order of merit pursuant to the merit list preceding the walking test is flawed. These private respondents having been appointed after a second walking test on dates subsequent to the dates of petitioners appointment should rank junior to the petitioners in accordance with Clause 13 of the Government Resolution dtd. 22/1/2009.

(3.) Prior to filing of these petitions, certain unsuccessful candidates who had undertaken the first walking test assailed the second attempt given to the private respondents who were on the merit list prepared in accordance with the Examination Rules. They had approached the Court at a time when the private respondents were given the opportunity to take the second walking test in the year 2016. These petitions are Special Civil Application No. 729 of 2016 and Special Civil Application No. 15021 of 2017.