DOMINIC VANLALZAWNA Vs. R LALDINGLIANA

JUDGEMENT

(1.) The appellants, three in number, were working as Foresters in the Forest Department of the State of Mizoram. All of them have passed the Rangers Course but they have not passed the Pre-University (Science) Examination. As per Mizoram Forest Department (Group-B non-gazetted post) Recruitment Rules, 1992 for direct recruitment to the post of ranger requisite educational qualifications are P.U. (Science) or equivalent with training in Rangers' Course. According to the recruitment rules, the posts of Ranger are to be filled up 50% by direct recruitment and 50% by promotion. The promotion to the rank of Ranger is from the following four categories :-

(2.) There were 9 vacant posts of Forest ranger under the Environment and Forest Department. As per the roster maintained by the Department out of 9 posts, 7 posts were filled up by the direct recruitment whereas the remaining 2 posts were to be filled up by promotion. Two posts were filled up by promotion and we are not concerned with that. When the D.P.C. sat for consideration for the candidates for direct recruitment it was found that only 4(four) candidates were having the requisite qualifications as-per the rules. The question arose before the D.P.C. as to how the rest of the 3 (three) posts against which no candidate having requisite qualifications was available were to be filled up. It was thought that those posts should be filled up from amongst those candidates who had at least one of the qualifications, i.e. passing of the ranger's Course and should be recommended to the government that in case of those candidates academic qualification should be relaxed. The D.P.C. recommended 3(three) candidates, i.e. the appellants who had passed the ranger's Course to be absorbed/appointed as ranger by recommending to the Government for relaxation of their education qualification. The Government agreed to relax the educational qualification for appointment to the post of Ranger in favour of the appellants against direct recruit quota. This was done by the government on 5th June, 1998. After the qualifications were relaxed, the appellants were offered the post of Ranger by the order dated 1 Oth July, 1998, a copy of which had been appended as Annexure-9 to the writ petition. This order reads as under :-

(3.) Pursuant to the aforesaid order, the appellants joined as Ranger. This order was challenged through writ petition by one Shri R. Laldingliana, who was working as Surveyor in the Forest Department of Mizoram. It was, interalia, contended that the posts of Forest rangers which remain unfilled in the direct recruit quota should have been filled from the categories mentioned in the Rules (reproduced above) for promotion to the post of Forest Ranger. The respondents in the writ petition (now appellants) who were in the 4th category could not be promoted in preference to the categories above the 4th category. The post of Surveyor is in the second category to which the writ petitioner belonged was to be given preference over the 4th category. It was alleged that the writ petitioner was fully eligible for promotion to the post of Forest Ranger and the respondents (now appellants) could not steal a march over him. The learned Single Judge found favour with the arguments of the writ petitioner and held that since between the 4(four) categories mentioned above there is word "or" it necessarily means that the official respondents should consider the candidates in order of preference, i.e. the first category should be considered first and if no person is available in the category, them the question of considering the candidates of 2nd, 3rd, and 4th category in that order would arise.