P.C. PRADHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution the petitioner challenges the order dated 18th July 1978 passed by the Central Government appointing respondents 3 to 20 to the Indian Forest Service.

(2.) THE appointment by promotion to the Indian Forest Service is made in accordance with h the Indian Forest Service (Appointment by Promotion) Regulations, 1966 Regulation 3 of these regulations provides for the constitution of a Selection Committee Regulation 5 deals with the preparation of a list of suitable officers by the Selection Committee. This regulation requires the Selection Committee to classify the eligible officers in four categories, namely out -standing very good, good and unfit, on an overall relative assessment of their service record. The list of so table officers is prepared by including the required number of names first from the officers classified as 'outstanding' then from the officers classified al 'very -good' and thereafter from those classified ail 'good'. The list so prepared is reviewed and revised every year. The list prepared by the Committee is sent to the Public Service Commission through the State Government. On approval by the Commission, the list of suitable officers prepared by the Selection Committee becomes a select list and it ii from this list that appointments to the service are made by the Central Government. There is, however, a provision that in case of grave lapses in the conduct of performance of duty on the part of any officer included in the select list, a special review of the select list can be made at any time at the instance of the State Government and the Commission can remove the name of such officer from the select list. Regulations 5, 6 and 7, in so far as they are relevant, read as follows:

(3.) THE petitioner and respondents 3 to 20 belonged to the State Forest Service of Madhya Pradesh. They hold the posts of Divisional Forest officers or equivalent posts. The petitioner was senior to the respondents in the State Forest Service. The Selection Committee met in December 1976 for selecting the officers of the State Forest Service for promotion to the Indian Forest Service for the posts available in the year 1977. The name of the petitioner was included by the Committee above tile names of respondents in the list of suitable officers. This list wall approved by the Commission and became the Select List. The State Government however wrote to the Central Government for removing the name of the petitioner from the list under the second proviso to Regulation 7. The Central Government sent a reply to the State Government on 28th December 1977 that as the Selection Committee was again to meet shortly for revision of the list for the year 1978 and as on preparation of the list for the year 1978, the list for the year 1977 would automatically expire there wall no point in referring the matter to the Public Service Commission. The Central Government only appointed one person from the list of 1917 who was senior to the petitioner The Selection Committee met on 31st December 1977 for preparation of the list for the year 1978. The Select List as approved by the Commission was published in May 1978. The petitioner name is not included in this list. The names of respondents 3 to 20 are, however, included in the list. By order dated 18th July 1978 which is impugned in this petition the Central Government appointed the respondents to the Indian Forest Service.