S. RAMESH AND ANR. versus STATE OF KARNATAKA AND ANR.

Citation: [1995] SUPP. 1 S.C.R. 805 · Decided: 02-07-1995 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed

Judgment (excerpt)

S. RAMESH AND ANR. 
v. 
' 
STATE OF KARNATAKA AND ANR. 
JULY 2, 1995 
!KULDIP SINGH AND N. VENKATACHALA, JJ.] 
Karnataka Forest Department Services (Recruitment) Rules, 
1987-Rule 2, proviso to Note in Schedule-I11te1pretation of-Recmitment of 
Assistant Conse1vat01:v of Forests-Method of-When does a Range Forest 
Officer become eligible jar being sent as a candidate to Diploma Course in 
Forestiy. 
A 
B 
c 
Applicants 1 and 2 completed the Forest Rangers Training Course 
conducted by Gujarat }'orest Rangers College and each of them had stood 
first in such training course in his batch of candidates from all over India. D 
Respondent - 2, the Principal Chief Conservator of Forests wrote a letter 
to the respondent - 1, State of Karnataka, making a request to send 
applicants 1 and 2 for Diploma Course in Forestry at State Forest Service 
College as provided for in the proviso to Note to the schedule to role 2 of 
the Karnataka }'ores! Department Services (Recruitment) Rules, 1987, 
relating to recruitment of Assistant Conservators of Forests. However, 
respondent-1 did not send applicants as required for by respondent - 2 
since a Division Bench of the Tribunal in the case of Rajshekharan v. State 
of Kamataka & 01>., (1990) KSW 161, had by then construed the words 
'the candidate who stood first in the Forest Rangers College' in the proviso 
E 
to the Note as the candidate who stood first among the candidates who F 
had completed the Rangers Fores! Training Course from different institu-
tions or colleges on merit. The applicants 1 and 2 filed applications before 
the Tribunal seeking issuance of directions to the respondents to send 
them for the Diploma Course in Forestry to a College or Institute recog-
nised by the Government of India. A Division Bench of the Tribunal G 
referred the applications for being decided by a full Bench of the Tribunal 
while holding that the decision in the case of Rajshekharan rec1uired 
reconsideration. The full Bench held that the Note and the proviso in the 
schedule to Rule 2 to the Rules required selection of candidates for 
Diploma Course in Forestry only from amongst the Range Forest Ollicers, 
who were eligible for promotion to the higher cadre of Assistant Conser-
H 
805 
806 
SUPREMECOURTREPORTS [1995JSUPP.1S.C.R. 
A valor of Forests while holding tllat the view taken in Rajshekhara11 case to 
the effect that the proviso to Note concerned required selection of a 
candidate who stood first among the candidates who had completed the 
Rangers Forest Training Course from different colleges or institutions on 
merit was incorrect. 
B 
These Civil Appeals had been filed against the decision of the full 
Bench of the Tribunal. The question raised to be considered was as to when 
does a Range Forest Officer become eligible under the proviso to the Note 
in the schedule to Rule 2 for being sent as a candidate to Diploma Course 
in Forestry in a Forest Research Institute or college either established or 
C recognised by the Government or India. 
Allowing the appeals, this Court 
HELD : The proviso to the Note in the Schedule to Rule 2 or the 
Karnataka Forest Department Services (Recruitment) Rules, 1987, relat· 
D ing to the recruitment or Assistant Conservators or Forests entitles a 
Range Forest Officer to compete with the direct recruits and be sent hy 
the State Government for Diploma Course in Forestry in a Forest Re-
search Institute or College either established or recognised by the Govern-
ment of India, subject to Rules of Admission of such Institute or College, 
E so as to make him further eligible for direct recruitment as Assistant 
Conservator or Forests within the qnota available for direct recruitment 
to the cadre of Assistant Conservators of Forests. A Range Forest Officer 
who has stood first in his Rangers Forest Training Course in a college or 
institute need not wait for his selection to be made by Public Service 
Commission for being sent to Diploma Course in Forestry. Sinc-e, each of 
F 
tile applicants 1 and 2 had stood first in the Rangers Forest Training 
Course of Gujarat Forest Rangers College, both or tllem were entitled to 
be sent for Diploma in Forestry. [812-G-H, 813-A] 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 3198-99 
G of 1993 Etc. 
From the Judgment and Order dated 23.8.91 of the Administrative 
Tribunal of Karnataka in Application Nos. 2016 & 2017 of 1991. 
N.B. Shetye, M.L. Verma, Devendra Singh, M. Veerappa, R.P. 
H Wadhwani, S.K. Kulka

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