OMKAR SINHA & ANR versus SAHADAT KHAN & ORS

Citation: [2022] 16 S.C.R. 1029 · Decided: 29-04-2022 · Supreme Court of India · Bench: K.M. JOSEPH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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OMKAR SINHA & ANR.
V.
SAHADAT KHAN & ORS.
(Civil Appeal No. 3504 of 2022)
APRIL 29, 2022
[K. M. JOSEPH AND HRISHIKESH ROY, JJ.]
Constitution of India: Art. 166 – Conduct of business of the
Government of a State – Circular order dated 17.10.1997 in
undivided State of M.P, granted entry in the Ranger’s training to
the candidates who stood first in the Forest Guard training schools
without entrance – Subsequent to enactment of State Reorganisation
Act, 2000, State of Chhattisgarh was formed – However, the circular
of the undivided State of M.P continued – Appellant No. 1, who
was undergoing training as Forest Guard stood first in the training
and felt entitled to be selected for training as Forester, on the basis
of the order dated 17.10.1977 – Thereafter, writ petition filed seeking
direction that the appellant No. 1 be sent for Forester training –
Thereafter, decision taken to send the appellant no 1 for Ranger’s
training – Challenge to, by the respondent no.1 contending that the
circular order dated 17.10.1997 stood withdrawn by circular order
dated 14.12.2009 issued by Govt. of Chhattisgarh  which provides
two additional increments to the trainees who stood first in the Forest
Guard training instead of the earlier incentive of sending them for
training as Ranger/Forester – Dismissed by the High Court –
Division Bench set aside the said order on the ground that circular
dated 17.10.1997 was withdrawn by order dated 14.05.2009 – In
appeal before this Court, case of the appellant that the earlier
circular made by Governor is withdrawn only on 11.06.2012 – Held:
Judgment of the Division Bench cannot be sustained –
Communication dated 14.12.2009 is not an order of the Governor
or expressed to be made in his name – This communication does not
bear the insignia of a Government Order – Whereas, the
communication dated 11.06.2012 recalling the appellant from the
Ranger’s Training contained two specific signs that it is expressly
made in the name of the governor and that it specifically revoked
   [2022] 16 S.C.R. 1029
1029
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SUPREME COURT REPORTS
[2022] 16 S.C.R.
the communication dated 17.10.1977 – M.P. Class III (Non–Minstl.)
Forest Service Recruitment Rules, 1967 – r. 14(1) & r. 6(4).
Bachhittar Singh v. State of Punjab and Another AIR
1963 SC 395: [1962] Suppl. SCR 713; K.S.B. Ali v.
State of Andhra Pradesh and Others (2018) 11 SCC
277: [2017] 12 SCR 698; Dyna Technologies Pvt. Ltd.
v. Crompton Greaves Limited (2019) 20 SCC 1 –
referred to.
Case Law Reference
[2017] 12 SCR 698
referred to
Para 11
(2019) 20 SCC 1
referred to
Para 11
[1962] Suppl. SCR 713
referred to
Para 14
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3504
of 2022.
From the Judgment and Order dated 13.01.2015 of the High Court
of Chhattisgarh at Bilaspur in Writ Appeal No.02 of 2015.
With
Civil Appeal No. 3505 of 2022
Ravindra Shrivastava, Sr. Adv., Navin Prakash, Ms. Garima Tiwari,
Anshuman Shrivastava, Abhijeet Shrivastava, Ms. Harneet Kaur Khanuja,
Ms. Sukriti Chauhan, Arpit Jain, Abhishek Sharma, Advs. for the
Appellants.
Sourav Roy, Dy. AG, Vikrant Singh Bais, Rakesh S., Mahesh
Kumar, Kaushal Sharma, Srinivasa Kumar Bogisam, Ms. Devika
Kahanna, Ms. V. D. Khanna, M/s VMZ Chamber, Niraj Sharma, Yogesh
Tiwari, Sumit K. Sharma, Ms. Mahima Sharma, Ms. Vaishnavi Paliwal,
Advs. for the Respondents.
The Judgment of the Court was delivered by
K. M. JOSEPH, J.
1. Leave granted.
2. Both the appeals raise common questions.  We take civil appeal
arising from SLP (C)No. 13668 of 2015 as the leading case.
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3. Respondent No. 1 was appointed as a Forest Guard on
03.05.1980.  He completed his training as Forest Guard in the year 1987.
Appellant No. 1 came to be appointed as Forest Guard on 15.11.2007.
The second appellant was also appointed as Forest Guard on the same
day.  The appellants were originally part of undivided State of Madhya
Pradesh.  Upon the enactment of the State Reorganisation Act, 2000, a
new State viz., State of Chhattisgarh was born on 01.11.2000.  While
the State of Madhya Pradesh was undivided, State of Madhya Pradesh,
on 17.10.1977 issued the following circular:
“Copy letter No. 13/10474/1977/1/x dated 17.10.77 from
the Government of Madhya Pradesh, Department of Forest,
Bhopal to the Principal Forest Conservator, Madhya Pradesh,
Bhopal.
Sub: - For giving entry in the Ranger’s Training to the
candidate who stood first in the Forest Guard Training School
without entrance examination as
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