UNION OF INDIA Vs. AMIT MAHAJAN

JUDGEMENT

(1.) THESE letters patent appeals arise out of the judgment of the learned Single Judge dated 26.12.2001 whereby a batch of writ petitions, including OWP Nos. 1011/2000 and 1024/2000 have been disposed of. Private respondents in these two appeals were the writ petitioners in the afore -mentioned writ petitions. The dispute pertains to the admission of the writ petitioners in various Forest service colleges set up by the Directorate of Forest Education under Ministry of Environment and Forest, Government of India to ensure standard and quality of forestry education and to cater to the training needs of the Forest Departments of the States/Union Territories in the country. The appellant No. 2, Director Forest Education Dehradun, is operating three State Forest Service colleges and one Ranger college under the Central Government and five Rangers colleges under the State Government. Appellant No. 2 by his letter dated 26.9.2000 intimated that 47 seats have been allotted to the J and K State for two years Certificate Course for Range Forest Officers in various Forestry training institutes/colleges under the Directorate. Out of 47 seats so allotted 10 were in PFRC Kurseong, 8 in SFC Coimbatore, 19 in Burnihat and 10 in Haldwani. Accordingly he requested for sponsorship of the candidates for the said courses. After having received the said communication the Chief Conservator of Forest Srinagar, Member Screening Committee constituted by the Government of J&K; for DDR training at various training colleges in the country, issued notice inviting applications from the candidates as per eligibility mentioned in the said advertisement notice. The writ petitioners applied by submitting their applications for being selected. Respondent No. 6, Principal Chief Conservator of Forest issued a selected list dated 10.11.2000 whereby eight candidates were selected for undergoing DDR course at Coimbatore. Out of these eight candidates four are the writ petitioners in OWP No. 1011/2000.

(2.) SIMILARLY Principal Conservator of Forest issued another select list dated 14.11.2000 thereby nominating ten candidates to undergo two years Rang - ers Training course in Eastern Forest Ranger college Kurseong, West Bengal. The names of petitioners in OWP No. 1024/2000, except petitioner Nos. 2 and 3, figure in the said list and with respect to petitioners 2&3 nomination letters from the office of the C.C.F. Jammu are on the file of the writ petition. Thus the petitioners in OWP No. 1024/2000 were also selected/nominated for undergoing two years training course. After having been nominated the writ petitioners approached their respective colleges for seeking admission. The writ petitioners in OWP No. 1011/2000 were given admission in their college at Coimbatore; they were also provided hostel facilities and they also deposited the fees with the college. The training course was to commence w.e.f. 1.11.2000 in Coimbatore College and w.e.f. 15.11.2000 in Kurseong College. The Principal of Coimbatore college cancelled the admission of the writ petitioners of OWP 1011/2000 by his letter dated 1.12.2000 on the ground that there were grave irregularities in the selection process undertaken by the J&K; Forest Department and further ordered for refund of the fees to the petitioners. Aggrieved by the cancellation of their admission the petitioners of OWP No. 1011/2000 approached this Court for invoking its jurisdiction under Article 226 of the constitution read with Section 103 of the constitution of J&K; for seeking quashment of the cancellation order. The learned Single Judge by his order dated 21 J.2.2000 admitted the writ petition to hearing and in the meanwhile it was directed that the petitioners be allowed to continue with the course of study.

(3.) THE writ petitioners in both the writ petitions continued with their study for the training courses for which they had been nominated. Admittedly they have completed the courses and have been allowed to appear in the test and have been declared successful too by the Controller of Examinations of their respective colleges, during the pendency of these appeals. However the certificates for the said course have not been issued in their favour. The learned Single Judge by his judgment under appeal disposed of the writ petitions in the following terms: - 'Therefore these writ petitions are disposed of with the direction that those candidates who have already been selected and have joined be permitted to complete the course of study. However, in future the State Government would take notice of the stand taken by the Union of India and sec to it that the selection process is completed in accordance with the Entrance Rules in existence.'