KRISHNA KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for Issuance of a writ, order or direction in the nature of mandamus commanding the respondents to appoint the petitioner under quota of Superior Forest Service Course 1984-86, as Assistant Conservator of Forest and to provide seniority, pay fixation and increments, etc. with effect from the date the candidate at Serial No. 1 of the Availing list was granted the same. Prayer for grant of exemption from Superior Forest Training Course has also been made.

(2.) The relevant facts of the case arc that on 9-9-1983, the U.P. Public Service Commission at Allahabad advertised that it shall hold a competitive examination at Allahabad some time in December, 1983 for selection of 32 candidates for training in Superior Forest Service Diploma in 1984-86. The candidates, who were to be selected and were required to fulfill the other requirements and qualifications and thereafter were to be appointed as Assistant Conservator of Forest in U.P. Forest Department. On the basis of the said advertisement, the petitioner also applied for his appointment. Thereafter, petitioner was called by the Public Service Commission, U.P. at Allahabad to participate in the written examination. Petitioner appeared in the said examination. The result of the said examination was declared and the petitioner was also declared successful. He was, thereafter, called for interview in the month of January, 1984. The result of which was declared on 1-5-1984 by the Commission vide notification of the said date, in which also the petitioner was declared successful. He was, thereafter, sent for Forest Training institute, Haldwani for competition of one year training in the year 1984-85, which he got completed successfully and was thereafter appointed as Forest Ranger. The nomenclature of the said post was thereafter changed as Forest Rasnger Officer. The petitioner was awarded higher standard certificate of Forest Ranger's Course and he was posted in Kedarnath Forest Division, Gopeshwar (Chamoli) in the month of July, 1985. On the said post he continued to discharge his duties to the satisfaction of his superior officers. It was in the month of January, 1996 that the seniority list of Assistant Conservators of Forest was published in which name of one Sri G.K. Khusharia was shown who was on the waiting list at serial No. 1. Petitioner also came to known that five vacancies were available to be offered to the selected candidates within one year of declaration of result on 1-5-1984. Instead of calling five candidates the State Government called only Sri G.K. Khusharia for training and appointment. Sri Hari Shankar Shukla, a candidate of the main list at serial No. 1 resigns from training, Sri Vinay Kumar Singh also a candidate from the main list serial No. 11 and Sri Makkhan Lal did not turn up for training at Dehradun College. Similarly Santosh Kumar and Prainod Kumar candidates of the main list at serial Nos. 23 and 20 their candidature was cancelled by the Government Order dated 27-2-1985. Candidates selected for training were subjected to medical test in which Sri Udai Pratap Singh, a candidate of waiting list at serial No. 1 was not found fit Similarly Awadhesh Kumar selected for training for the year 1983-85 was allowed to join in November. 1984 at Parnihat Training College. Assam, therefore, seat held by him also fell vacant. As soon as the petitioner came to know about the aforesaid vacancies, he immediately made a representation to the Principal Secretary, Forest Department on 14-2-1997 and requested him to appoint the petitioner on the post in question but of no avail hence the present petition.

(3.) On behalf of the respondents a counter-affidavit has been filed denying the facts stated in the writ petition. It has been asserted that after expiry of one year from the date of publication of the result, in view of the Government Order dated 15-7-1982 the petitioner had no right to be appointed in superior Forest Services Diploma Course 1984-86. It was stated that there were 29 persons in the main list and the selected candidates and there were six persons in the waiting list. The writ petition was stated to be barred by limitation as the same was filed after 12 years and was liable to be dismissed on the ground of limitation. Other material facts stated in the writ petition were not denied. It was also admitted that Sri G.S. Khusaria who was at serial No. 1 in the waiting list was called for training and no other candidate was called by the respondents. It was also admitted that five vacancies came into existence within one year of the declaration of the result of the above noted examination.