RICHHPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant appeal has been filed against order of the ld. Single Judge dt. 10.05.2006.

(2.) The facts which are relevant for our consideration and disposal of the instant appeal are that the present appellants who are three in number, initially joined service on the post of Cattle Guard and were temporarily absorbed/adjusted against the post of Forest Guard vide order dt. 24.04.1998 but when the matter was considered by the Absorption Committee for their final absorption on the post of Forest Guard, it revealed that under the circular issued by the State Government dt. 26.03.1998, an administrative decision was taken for absorption to the post of Forest Guard, the minimum qualification must be Secondary Examination and since either of the appellant was not holding the secondary qualification which was contemplated under the circular issued by the State Government and they being temporarily adjusted/absorbed on the post of Forest Guard, all the three appellants were repatriated back to their substantive post of Cattle Guard vide order dt. 30.07.1998, which was subject matter of challenge in the writ petition before the ld. Single Judge and that came to be dismissed vide order impugned dt. 10.05.2006 primarily on the premise that the appellants were absorbed on temporary basis on the post of Forest Guard vide order dt. 24.04.1998 and either of them was not holding minimum qualification of secondary examination for absorption on the post of Forest Guard, in terms of the circular dt. 26.03.1998, as such, there appears no error being committed in repatriating them back to their substantive post of Cattle Guard.

(3.) Counsel for petitioners-appellants submits that indisputably, from the material which came on record, all the three appellants were holding minimum qualification of middle pass which was the requirement under the scheme of Rules at the relevant time and the post of Forest Guard is included in the schedule appended to the Rajasthan Forest Subordinate Service Rules, 1963 and at that time they were temporarily absorbed on the post of Forest Guard vide order dt. 24.04.1998 and when the subsequent order, repatriating them back to their substantive post of Cattle Guard dt. 30.07.1998 came to be passed, under the scheme of Rules, the minimum qualification was "middle pass" and the amendment has been made under the schedule appended to the scheme of Rules vide notification dt. 21.06.2010 and "Middle Pass" has been substituted with the expression "Secondary or its equivalent qualification for a recognized Board" and submits that the minimum qualification could not be substituted by administrative decision for the post of Forest Guard, as contemplated under the statutory Rules, 1963 and submits that in the light of the scheme of Rules, as existing on the date of passing of order by the concerned authority dt. 30.07.1998, the very reason assigned on the basis of which they were not considered for absorption is arbitrary and violative of Art. 14 of the Constitution of India.