RANTHAMBORE NATURE GUIDE ASSOCIATION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed seeking in effect a declaration that once a licence is granted to members of the petitioner Association to work as Nature Guides, no further refresher course be conducted or examination be held for the renewal of licence and consequently the order dated 5-3-2011 directing that the Nature Guides participate in the refresher course and appear in the test by a Committee constituted for the purpose be set aside. Perused the writ petition and reply thereto. Heard and considered. It is not in dispute that Section 28 (d) of the Wildlife (Protection) Act, 1972 (hereinafter 'the 1972 Act') provides for grant of permit to enter a sanctuary, inter alia for the purpose of tourism. Section 33 of the 1972 Act confers control of sanctuaries on the Chief Wildlife Warden. Ranthambore National Park and Ranthambore Tiger Project and Wildlife Sanctuary as notified, is a famous sanctuary for tigers and attracts hoards of tourists each year. The Chief Wildlife Warden has formulated a policy and circulated it under order dated 24-6-2011. Clause 4.1 of the policy provides that every tourist vehicle will have to be accompanied by a Nature Guide. Clause 4.2 provides that licence to tourist guide will be provided by the notified authority. Qualifications for the grant of licence to Nature Guides have been provided in clause 4.3 of the policy. Clause 4.4.2 of the policy provides that the period of a Nature Guide Licence renewed would be two years. It has been further provided that prior to renewal of licence, the department would conduct a three days refresher course, which would required to be completed successfully by the Nature Guide seeking renewal of licence.

(2.) THE apprehension of the members of the petitioner Association is that the clause 4.4.2 with regard to the requirement of undergoing a three days refresher course and successful completion of the same is contrary to the rights of renewal inhering in each licenced Nature Guide. The said requirement, it is submitted, confers arbitrary discretion with the authorities under the 1972 Act with the potential of unjustified and arbitrary rejection of the application for renewal of the licence with the consequence of nature guides with several years experience being denied the right to pursue their vocation entailing a state of unemployment for them and denial of a right to earn their livelihood. Dr.M.S.Kachhawa, the learned counsel for respondents and Mr.G.Viswantha Reddy, Chief Conservator of Forests present in person submit that the apprehension of the members of the petitioner Association is absolutely unfounded. It is submitted that the holding of three days refresher course and the requirement of its successful completion prior to renewal of licence is merely to update the Nature Guides such that they may be capable of discharging their duties as Nature Guide with reasonable efficiency to the visiting tourists. It is submitted that clause 4.4.2 of the policy does not entail denial of the renewal of the licence. On the contrary under the extant policy relating to Nature Guides under order dated 26-4-2011 an applicant may ordinarily have a legitimate expectation of the renewal of licence. And the whole purpose of the three days refresher course is just to evaluate and assess the quality of the Nature Guides operating in the sanctuary. It is further submitted that lack of knowledge of the Nature Guide in matters relevant to their profession and their inability after the three days refresher course where found would only be intimated to the Government, whereupon it would be up to the government to take further a decision on the question of the nature, qualifications and general abilities of the guides required to operate in the Ranthambore National Park and Tiger Reserve.