RAJEEV KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The petitioners in the writ petition have prayed for quashing office memorandum dated 15.3.2003 Annexure A-4 with the directions to the respondents to declare the result of the petitioners and to appoint them on the posts of Forest Guards under their 15% quota, in case they have qualified in the selection/interview with all consequential benefits.

(2.) The case of the petitioners is that all of them have served as Home Guards under respondent No. 3 for more than 5 years. The Govt. of Himachal Pradesh took a policy decision to induct Home Guard personnel into the Forest Department by providing 15% quota for their selection and recruitment on the posts of Forest Guards. The policy decision was put before the Council of Ministers and after obtaining approval, the respondents were directed to comply with the said policy decision of the Govt. forthwith and if necessary the amendment in the Recruitment and Promotion Rules of these categories was to be made as provided in Annexure A-1 dated 8.8.2002.

(3.) In compliance to Govt. policy decision, the respondents vide letter dated 20.12.2002 had decided to provide 15% quota to the Home Guards for their recruitment and appointments to the posts of Forest Guards. The Home Guards were provided 15% quota circle wise amounting to reservation of 59 posts vide Anneuxre A-2. As per the aforesaid policy decision the selection of the candidates was to be made on the basis of State level merit. The respondent No. 2 vide letter dated 23.12.2002 Annexure A-3 called upon respondent No. 3 to submit the names of all the eligible Home Guards candidates to the concerned Conservator of Forests latest by 4.1.2003. In pursuance to Annexure A-3, respondent No. 3 had submitted the names of petitioners and others to the concerned Conservator of Forest within the stipulated time and the petitioners were called for their selection and after qualifying in the physical test, they were called for the interview. The petitioners being eligible qualified and having faired well in the selection/interview for the posts of Forest Guards had legitimate expectations that they would be successful in their interview etc. and their result would be declared very soon and they would be appointed against their reserve posts as Forest Guards.