STATE OF JAMMU AND KASHMIR Vs. ABDUL HAMID

JUDGEMENT

(1.) A writ of mandamus stands issued. The official respondents to the writ petition have been directed to constitute and convene a special Selection Board and consider the cases of the writ petitioners - Members of the State Service - for inclusion in the Indian Forest Service. It is this direction given by a learned Single Judge of this Court which is being assailed by the State of Jammu and Kashmir by preferring this Letters Patent Appeal under clause 12 of the Letters Patent.

(2.) The facts in brief are as under:-

(3.) As the service came to be constituted for the first time, initial recruitment to the cadre of Indian Forest Service was to be made. This was to be done in terms of Rule 3 of Indian Foreign Service (Recruitment) Rules of 1966 (hereinafter referred to as the Recruitment Rules of 1966). The method of recruitment to the Service constituted under Rule 3 is given in Rules 4, 5 and 6 of the Recruitment Rules of 1966. A special Selection Board came to be constituted for determining the eligibility and preparation of list of officers suitable for being recommended for their ultimate appointment in the service. This was to be done under Indian Forest Service (Initial Recruitment Rules) of 1966. A special Selection Board was to be constituted. Rule 3 makes a provision in this regard. The criteria for eligibility which a person was supposed to possess for appointment to the service was laid down in Rule 4. The list of suitable candidates was to be prepared under Rule 5. Appointments were to be made to the service in terms of Rule 6.