M K PRASAD Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner was selected with along several others for appointment by direct recruitment as Assistant Conservator of Forests in category 4 of the Andhra Pradesh Forest Service. Under the Andhra Pradesh State Forest Rules every person appointed as Assistant Conservator of Forests by direct recruitment should undergo probation for a period of four years on duty from the date of joining the forest college at Dehra Dun for undergoing a Diploma Course for two years there. The petitioner completed the period of probation on 29th August, 1969 and later on a declaration was made that he satisfactorily completed the probation. He was subsequently appointed as full member with effect from 15th October, 1974.

(2.) The next avenue of promotion from the post of Assistant Conservator of Forests is to the category of Deputy Conservator of Forests which is by appointment by promotion to the Indian Forest Service (Senior Time Scale) from the State promotion quota. The said appointment by promotion is governed by the Indian Forest Recruitment Rules, 1966 read with the Indian Forest Service (Appointment by Promotion) Regulation, 1966. Under Regulation 5 a committee called the 'Selection Committee' set up in accordance with regulation 3 has to prepare a list of such members of the State Forest Service as satisfy the conditions specified in regulation 4 for eligibility for promotion and as are held by the committee to be suitable for promotion to the service. Regulation 5 (3) says that the selection for inclusion in such list shall be based on merit and suitability in all respects with due regard to seniority. Regulation 5 (4) says that the names of the officers included in the list shall be arranged in order of seniority in the State Forest Service provided that any junior officer who in the opinion of the committee is of exceptional merit and suitability may be assigned a place in the list higher than that of officers senior to him. Regulation 5 (6) provides that if in the process of selection, it is proposed to supersede any member of the State Forest Service, the committee shall record its reasons for the proposed supersession. Regulation 6 provides for the list being forwarded to the Union Public Service Commission along with the records of the members of the State Forest Service included in the list, the records of the members of the State Forest Service who are proposed to be superseded by the recommendations made in the list, the reasons as recorded by the committee for the proposed supersession of any members of the State Forest Service and the observations of the State Government on the recommendations of the committee. The commission has to consider the list prepared by the committee and approve the list unless it considers any change necessary. The list as finally approved by the commission forms the Select List of the members of the State Forest Service and the promotions will have to be made from the select list.

(3.) In accordance with these regulasions, a selection committee consisting of the member, Union Public Service Commission, the Chief Secretary, Andhra Pradesh, the Secretary, Forest and Rural Development, the Chief Conservator of Forests and Additional Chief Conservator of Forests met on 28th December, 1976 and examined the records of the officers who fulfilled the conditions of eligibility. They also considered the suitability of these officers for selection. The committee selected respondents 5 to 19 as suitable for promotion to the Indian Forest Service. Respondents 18 and 19 were juniors to the petitioner and therefore according to regulation 5 (6) the committee has to give reasons for superseding, the petitioner and others who were also superseded (with whom we are not concerned in this writ petition). The committee gave certain reasons which will be considered in detail later. This list was approved by the Union Public Service Commission and the final select ist was prepared. The Government of India through its letter dated 7th February, 1977 after consultation with the Union Public Service Commission approved the recommendation made by the selection committee. Thereafter the State Government issued a notification dated 6th April, 1977 appointing respondsent 5 to 19 in the senior time scale of the Indian Forest Service.