PADAMAKAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER /appellant is working with M.P. Rajya Van Vikas Nigam. He was directly recruited us Deputy Ranger in Forest Department under the M.P. Class III (Non -ministerial) Forest Recruitment Rules, 1967. Next promotional post is that of Ranger. Central Government has established Forest Ranger Colleges under the supervision of Inspector General of Forests. Candidates are sponsored by the State Government/Autonomous Bodies/ Public Sector/ other institutions against seats meant for them. Regulations provide for selection of departmental candidates including categories mentioned in Rules 8.1 and 8.2. Central Government communication dated 12.10.2000 provides one seat to M.P. Rajya Van Vikas Nigam. It mentions certain conditions which include upper age of the candidate, extendable by seven years up to 35 years, inter -mediate with Science from any State Education Board or University or its equivalent, two or more subjects such as Mathematics, Physics, Chemistry, Botony and Zoology. Rules of 1967 provide that a candidate who is in service may apply for Rangers' course provided he has completed atleast five years of service. The appellant fulfilled these conditions, therefore, referred for the course by Respondent 2 since he stood first in State Forest Training School during 1998 -99. Respondent

(2.) RECOMMENDED for relaxation of age since the appellan thad crossed 35 years and Respondent 3 could grant relaxation in age under Rule 56. Relaxation was not granted, therefore, the appellant could not join the course. Appellant alleges that decision of Respondent 3 is totally unjustified. He stood first at State Forest Training School. He was educationally qualified. Non -admission would result in the seat going waste, therefore, relaxation of age was imperative. Action of the Respondent 3 was liable to be set aside. Single Judge upheld the order of Respondent 3 after referring to relevant rules put up for consideration by parties. 2. True it may be that power of relaxation of age is vested with Respondent 3 under Rule 56 of the Rules of 1967. It can be exercised in exceptional circumstances. Rule 18 of the Rules of 1967 simply provides for deputing candidate for Ranger Training Course by State/ Union Territory Governments/Autonomous District Councils/Public Undertakings, provided he has stood first at a State Foresters Training School and passed High School, in science or an equivalent examination. Appellant may have stood first at State Foresters Training School, he may have acquired educational qualifications as per stipulation, but he fails to point out exceptional circumstances for exercise of power under Rule 56 of the Rules. He stood first at a State Forest Training School is not an exceptional circumstance because all other candidates against the category possess this requirement. The seat will go waste is not also an exceptional circumstance. They are circumstances but not exceptional circumstances. Respondent 3 has clearly pointed out the nature of the course and expectations from the candidates. Requirements of the course can be better put -forth by the authority competent. Relaxation is permissible to some extent. The authority may exercise power of relaxation as to some extent, but not to the extent sought by the appellant who turns out 47 years. Therefore, proper reasons have been assigned for not granting age relaxation to the appellant. The decision cannot be held to be arbitrary or unjustified. Case for interference is not made out. The appeal is, therefore, dismissed.