NAWAL KISHORE SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed by the petitioner for quashing part of the order contained in letter No. 5179 dated 19th December, 1991 of the State Government issue under the signature of Deputy Secretary, respondent No. 2, by which a direction has been given to the Principal Chief Conservator of Forests to cancel the promotion given to Forest Guards to the post of Foresters on the basis that they have passed training examination with Honours.

(2.) THE facts necessary for disposal of the present writ application are that the petitioner was appointed as Driver. Later on, on 29.8.1986 the petitioner was appointed as Forest Guard and on 1.1.1987 he was sent for Forest Guard Training at Forest Training School, Mahilong at Ranchi. He completed the training and a certificate was granted to him. Thereafter, he was promoted to the post of Forester on 17th July, 1987 vide Annexure -7 to the writ petition.

(3.) AT this stage, it is to be mentioned that the post of Forester is filled up by direct recruitment as well as by promotion. The said provision is contained in Rule 3.21 of the Bihar Forest Matiual VoL II. The said rules run as follows: