SURINDER SINGH JAMWAL Vs. STATE

JUDGEMENT

(1.) THESE two writ petitions involving similar nature of controversy shall stand disposed of vide this common judgment.

(2.) THE State Government realizing the urgency of ensuring protection of forests in the State of J&K, particularly in the face of armed smuggling and also taking into consideration that the territorial staff of the Forest Department was not adequate and equipped to deal with the problem of smuggling and forest encroachment, took a decision to constitute the Forest Protection Force (here -in -after referred to as the Force), consisting of 1500 Guards, 150 Inspectors and 60 Assistant Directors, to be distributed in 30 units. By an act of legislature, the Jammu and Kashmir Forest (Protection) Force Act, 2001, (here -in -after called the Act) was promulgated. Section 3 of the Act relates to the constitution of the Force which consists of armed force of the State called the Force and the said Force in terms of Section 3(2) of the Act is a Department of the State on the pattern of the Police Department in the State.

(3.) VIDE notification No. 3 of 1996 dt. 24th of Dec96, applications were invited for the post of Forest Inspectors and other posts indicated in the said notification. Basic qualification fixed for the aforementioned post was 10+2 with Science subjects. The physical standards i.e., the height and fitness were also prescribed as an eligibility criteria for the post of Forest Inspectors. After completion of the selection process, 62 candidates in all including the petitioners came to be selected in both the Divisions of the State.