R.S. JAYAKUMAR AND ORS. versus STATE OF KERALA AND ORS.

Citation: [2007] 11 S.C.R. 99 · Decided: 12-10-2007 · Supreme Court of India · Bench: A.K. MATHUR, D.K. JAIN · Disposal: Appeal(s) allowed

Judgment (excerpt)

). 
R.S. JA YAKUMAR AND ORS. 
v. 
STATE OF KERALA AND ORS. 
OCTOBER 12, 2007 
[A.K. MATHUR AND D.K. JAIN, JJ.J 
Service Law: 
Kera/a Forest Service Rules, 1958; Rr. 2, 7, 8 and 10: 
· Promotion-Appointment of Rangers from Deputy Rangers! 
A 
B 
c 
- Foresters-Before appointment, selection of candidates for Rangers 
training by Kera/a Public Service Commission-Controlling Authority 
allegedly issuing approved probationer certificate in respect of certain · 
candidates though probation was not completed-Selection of D 
ineligible candidates for training depriving selection of some eligible 
candidates-Challenged by unsuccessful eligible candidates-
Dismissed by Single Judge of High Court-Affirmed by Division Bench 
of High Court-On appeal, Held: In terms of Circular issued by the 
Commission for selection of candidates for training, candidate should E 
either be an approved probationer or member of the service-Since 
Public Service Commission laid doltin eligibility conditions, the 
candidates have to fulfill such conditions-No departure from such 
conditions is allmved-E/;gibility requirement, that an incumbent be 
a member of service/approved probationer should only be selected for F 
training, appears to be well-founded and is not inconsistent with the 
Rules therefor-Under the circumstances, Judgment of the Single 
Judge, as affirmed by the Division Bench of the High Court, cannot 
be sustained-However, training undergone by selected candidates 
who were ineligible, cannot be withdrawn but they would not get G 
benefit of training, vis-a-vis the appellants-eligible candidates. 
Words and Phrases: 
'Approved probationer' and 'confirmation '-Meaning of in the 
99 
H 
100 
SUPREME COURT REPORTS 
[2007] 11 S.C.R. 
A context of Service Jurisprudence. 
For the appointment of Rangers in the Kerala Forest Service 
by way of promotion from amongst Deputy Rangers/Foresters, the 
Rangers' Training has to be undergone by the candidates in the 
Forest Colleges for which the candidates have to be selected by the 
B Kerala Public service Commission. Such selection was made in 
accordance with Rule 10 of the Kerala Service Rules. By notification 
dated 30th May, 2005, the Commission invited applications for 
selection of candidates for providing the training to the Forest 
Rangers' Course before appointment as Rangers. The appellants 
C applied for selection for the course along with other candidates who 
were on probation. A certificate was allegedly given by the 
Controlling Authority in favour of some candidates that they were 
approved probationers, though they were not~ The select list of 34 
candidates prepared by the Commission included ineligible 
D candidates, probationers. As a result, the appellants who were 
apprnved probationers could not be selected for the vacancies 
notified for the course. This action of the authority was challenged 
by the appellants by filiiig a writ petition. A counter affidavit was 
filed in the main writ petition by the State accepting the contention 
E of the appellants. The Commission also attempted to justify its list 
stating that the inclusion of these candidates were on the basis of 
the certificate issued by the Controlling Authority. Single Judge of 
the High Court dismissed the writ petition. Aggrieved, the appellants 
filed an appeal, which was dismissed by the Division Bench of the 
F High Court. Hence, the present appeals. 
Allowing the appeals, the Court 
HELD: 1.1. In order to get confirmation, one has to undergo 
certain required tests i.e. the candidate has to pass certain 
G departmental tests as laid down in the Rules, thereafter he acquires 
an eligibility for the confirmation. In case, he fails to pass the desired 
tests as laid down in the Rules, then he will not be eligible for 
confirmation. [Para 17) (113-C) 
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1.2. The approved probationer as has been defined in the 
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R.S. JAY AKUMAR v. STA.TE 
101 
Kerala Forest Subordinate Service Rules clearly says that the A 
approved probationer means the Member of that service or who llas 
satisfactorily completed its probation and awaits appointment as a 
full member of such service. Therefore, in order to become an 
approved probationer it is not simple, one has to successfully pass 
all departmental tests. The probation is of d.uration of two years out B 
of three years of continuous service and he should successfully pass 
departmental test then of course, he can be eligible for promotion 
and

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