S SUJAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner joined the Forest Department of Jammu and Kashmir Government as an Assistant Conservator of Forest in October 1961. In the year 1967, the Central Government constituted a Selection Board for selecting suitable officers from the State cadre of Forests Officers for conclusion in the I.F.S Cadre. The names of the selected Candidates were published vide notification No.3/24/66 AIS(IV)dated 29 July, 1967 by the Government of India, Ministry of Home Affairs. The petitioner had not, however, been considered eligible for selection by the Board. Subsequently, in 1968 selection of some more officers from the State cadre for inclusion in the IFS Cadre took place by a Special Selection Board and as a result of this selection, the petitioner among others was selected. The result of the selected candidates was published vide notification No. 3/7/68 -AIS(IV) dated 16 5 1968. This selection was, however, made effective retrospectively with effect from 1 -1O -66 Consequent upon the selection of the petitioner in the IFS cadre, the petitioner worked as an IFS officer drawing his pay in the scale of the said cadre.

(2.) THE selections made in the year 1967 were challenged before the Supreme Court by means of writ petition Nos: 173, 174 and 175 of 1967 Their lordships of the Supreme Court, quashed the notification dated 29th July, 1967 and as a result the selections made in 1967 were setaside. The Judgment of the Supreme Court is reported as AIR 1970 S.C. 150 (A K, Kraipak and others Vs Union of India others) After the judgment of the Supreme Court was announced in 1969, the Central Government issued Notification No. 3/29/67 -AlS(IV) dated 29th September 1969 whereby certain notifications including notification No : 3/7/68 AIS(IV) dated 16 -5 -68 (selecting the petitioner and others in the IFS cadre) was cancelled. This notification was issued as per the wording of the notification itself on the ground that the judgment of the Supreme Court in writ petition Nos 173, 174 and 175 of 1967 applied to the case of all those persons who had been selected to the IFS cadre, As a result of the impugned notification the notification selecting the petitioner was cancelled and the petitioner was reverted to the State Cadre of the Forest Service and was removed from the IFS Cadre. The petitioner made several representations to the Government in an effort to point out the illegality of the impugned notification dated 29 -9 -69. It was asserted that the Judgment of the Supreme Court in A K Kraipakâ„¢s case (Supra) could not apply to the petitioner because the notification dated 16 6 68 vide which the petitioner had been selected had not been quashed by the Supreme Court and that the reasons for the quashing of the earlier notification of 1967 by the Supreme Court were based on such facts which were foreign to the notification of 1968 selecting the petitioner to the IPS Cadre. It was pointed out that their lordships had quashed the selections made in 1967 on the ground that the selection was violative of rules of natual justice in as such as a member of the selection board was himself a candidate at the selection The Central Government vide letter bearing No 17023 8 -A1S IV) dated 28 -7 -75, addressed to the Secretary to Government General Department of Jammu and Kashmir (a copy was also sent to the petitioner) rejected the play raised by the petitioner and conveyed to him that the notification whereby he had been selected had been rightly cancelled by the Government by means of the impugned notification. Having failed to obtain any redress from the Government the petitioner had moved this court under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu and Kashmir for the issuance of an appropriate writ, order or direction quashing item No. 4 (pertaining to selection list dated 16 -5 68 in the Government notification No. 3/29/69 AIS (IV) dated 29th Sept 1969 whereby the notification dated 16.5 -68. selecting the petitioner has been cancelled.

(3.) IN the reply affidavit filed en behalf of the Union of India respondent No. 1, it is asserted that since their Lordships of the Supreme Court had quashed the selection made in 1967 on account of the presence of Mr Naqashband in the Selection Board the selection of the petitioner was also bad for the same reason as even in 1968 Mr, Naqashbund was a member of the selection board. It has been asserted that the ruling of the Supreme Court in A K Kraipaks case was fully applicable to all such cases as the selection made in 1968 was in continuation of the selection made in 1967.