R SAMBA MURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal from the judgment of our learned brother, Chinnappa Reddy, J., given in W.P. No. 1410 of 1965 on 31st July, 1968 whereby the learned Judge dismissed the writ petition.

(2.) The matter arises thus : The petitioner was recruited as a Forest Ranger in 1944. He was regularised, after training, in 1956. He possessed the qualifications for being considered to the next higher post of Assistant Conservator of Forests. While the post of Forest Ranger is a non-gazetted post, the post of Assistant Conservator of Forests is a gazetted post. The complaint of the petitioner is that although he was qualified to be considered for the post of Assistant Conservator of Forests and although he was senior, for the last many years he has been overlooked. At least once the Public Service Commission had recommended his name. But subsequently the Public Service Commision itself withdrew the recommendation. It is because of these facts that he filed the Writ Petition under Article 226 of the Constitution for the issue of a writ of certiorari to quash the order of the Chief Conservator of Forests, Government of Andhra Pradesh, dated 16th March, 1964, whereunder he was told that the post of Assistant Conservator of Forests is a selection post and that his case will be considered as and when vacancies arise.

(3.) The learned Judge dismissed the writ petition holding that it is a selection post and the right which the petitioner has is only to be considered and therefore, refused to issue the writ of certiorari. It is this view that is now challenged in this appeal.