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PETITIONER: 1. S. RAMESHA2. N. SHIVARAJU ETC.

       Vs.

RESPONDENT: 1. THE STATE OF KARNATAKAREPRESENTED BY ITS SECRETARYTO GOVE

DATE OF JUDGMENT02/07/1995

BENCH: VENKATACHALA N. (J) BENCH: VENKATACHALA N. (J) KULDIP SINGH (J)

CITATION:  1996 AIR  718            1995 SCC  Supl.  (3) 260  JT 1995 (5)   167        1995 SCALE  (4)258

ACT:

HEADNOTE:

JUDGMENT:                THE 2ND DAY OF JULY, 1995 Present:           Hon’ble Mr. Justice Kuldip Singh           Hon’ble Mr. Justice N. Venkatachala Mr. N.B.Shetye and Mr.M.L.Verma, Sr.Advs., Mr. Devendra Singh, Mr.M. Veerappa, Mr. R.P. Wadhwani, (Mr.S.K. Kulkarni) Adv for Ms.Sangeeta Kumar, (Mr. G.V. Chandrasekhar) Adv. for Mr.M.T. George, (Mr.E.C. Vidyasagar) Adv. for Mr. Gopal Singh, Adv. Mr.K.V. Mohan, Advs. with them for the appearing parties.                     J U D G M E N T S The following Judgment of the Court were delivered :                IN THE SUPREME COURT OF INDIA                CIVIL APPELLATE JURISDICTION                CIVIL APPEAL NOS. 3198-99 OF 1993 1. S. Ramesha 2. N. Shivaraju Versus 1. The State of Karnataka represented by its Secretary to Government, Fisheries and Forest Department, Bangalore. 2. The Principal Chief Conservator of Forests, Bangalore etc.                             AND                CIVIL APPEAL NOs. 4386-4387 of 1993 1. The State of Karnataka represented by its Secretary to Government, Fisheries and Forest Department, Bangalore and 2. The Principal Chief Conservator of Forests, Bangalore.                           Versus

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1. Sri S. Ramesha, and 2. Sri N. Shivaraju                        J U D G M E N T VENKATACHALA. J.      Order dated 23.8.1991 made in Applications Nos. 2016-17 of 1991  by a  Full Bench  of the  Karnataka  Administrative Tribunal -  "the Tribunal",  has been  impugned by  both the applicants and  the respondents  therein by filing the above two sets of Civil Appeals against that order.      For the  purpose of  convenience, we  shall hereinafter refer to  the parties  in these  appeals, according  to  the rankings assigned  to them  in the common cause title of the applications before  the Tribunal.  In  those  applications, while  S.  Ramesha  and  N.  Shivaraju  were,  respectively, Applicants 1  and 2,  the State of Karnataka, represented by the  Secretary   to  Government   and  the  Principal  Chief Conservator of Forests were, respectively, Respondents 1 and 2.      Gujarat Forest  Ranpers College,  is conducting  forest Ranger Training Courses every year for candidates sent there from  various  States  in  the  country  for  such  courses. Applicant 1  belonged to  first batch  of candidates  of the year 1989,  who took  such training  course  from  the  said College, while  applicant 2  belonged  to  second  batch  of candidates, who  took similar  training course  in the  same year, from  the same  College, Both  of them belonged to the cadre of  Range Forest  Officers of the Forest Department of Karnataka and  had been         sent  for the  said training courses by  the Government  of Karnataka. Each of them stood first among  his batch  of candidates,  who  completed  such training course  and got  from the  College a certificate to that effect  along with  Gujarat Gold  Medal,  meant  for  a candidate securing first rank in the training course.      Respondent-2, the Principal Conservator of Forests, who took note  of the fact that applicants 1 and 2 had completed the Forest  Rangers Training  Course  conducted  by  Gujarat Forest Rangers  College and  each of them had stood first in such training  course in  his batch  of candidates  from all over India,  wrote a  letter  to  respondent-1  on  31.10.90 making a  request to  send applicants  1 and  2 for  Diploma Course  in   Forestry  at   State  Forest  Service  College, Coimbatore, as  provided for  in the  proviso to Note in the Schedule to  rule  2  of  the  Karnataka  Forest  Department Services (Recruitment)  Rules, 1987 - " the Rules", relating to  recruitment   of  Assistant   Conservators  of  Forests. However, respondent-1  did not  send applicants-1  and 2  as required for  by respondent-2, since a Division Bench of the Tribunal in  the case of Rajshekharan Vs. State of Karnataka & Others,  (1990 KSLJ  161], had by then construed the words "the  candidate  who  stood  first  in  the  Forest  Rangers College" in  the proviso  to the  said Note as the candidate who stood  first among  the candidates  who had complete the Rangers Forest  Training Course  from different institutions or colleges  on merit,  i.e.,  honour.  This  situation  led applicants 1 and 2 to file the aforesaid 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  recognised  by  the Government of  India, as provided for under the said proviso to  the  Note.  A  Division  Bench  of  the  Tribunal  which considered the  said applications,  took the  view that  the decision  in  the  case  of  Rajshekharan  (supra)  required reconsideration  by   a   Full   Bench   of   the   Tribunal Consequently, that  Division Bench referred the applications for  being   decided  by  a  Full  Bench  of  the  Tribunal.

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Subsequently, a  Full Bench of the Tribunal, which heard the said applications,  no doubt  found that the view taken by a Division Bench  of the Tribunal in Rajshekharan case (supra) 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, but  took the  view that the Note and the proviso in the  Schedule  to  Rule  2  to  the  Rules,  relating  to recruitment of  Assistant Conservators  of Forests, required selection of  candidates for Diploma Course in Forestry only from amongst  the Range  Forest Officers,  who were eligible for promotion  to the higher cadre of Assistant Conservators of Forests.  It made an order accordingly on 23.8.1991. That order, has  now been  impugned in  the  two  sets  of  Civil Appeals filed  by the parties to the applications, on either side, as stated at the outset.      We have  heard the arguments of learned counsel for the parties in  the appeals.  The question  which  calls  to  be considered and answered in deciding the appeals in the light of the said arguments, could be formulated thus:      When does  a Range Forest Officer become eligible under the proviso  to  the  Note  in  the  provision  relating  to recruitment of  Assistant Conservators  of  Forests  in  the Schedule to  Rule 2  of the  Rules,  for  being  sent  as  a candidate to Diploma Course in Forestry in a Forest Research Institute or College either established or recognised by the Government of India.      Since the  answer to the said question has to depend on the construction  to be  placed by us on the proviso to Note relating  to  the  provision  of  recruitment  of  Assistant Conservators of  Forests in  the Schedule  to Rule  2 of the Rules,  that  provision,  insofar  as  it  is  material,  is reproduced:                                "SCHEDULE" ------------------------------------------------------------ Category of posts     Method of recruitment    Minimum                                                Qualification ------------------------------------------------------------ 1                         2                            3 ------------------------------------------------------------ ......                 ............            ............. Asst.                 Fifty per cent by        For Direct Conservator           Direct Recruitment and   Recruitment: of Forests            fifty percent by prom-   Must be a                       otion from the cadre     holder of                       of Range Forest          Diploma in                       Officers.                in Forestry                       NOTE:- There shall be    from a coll-                       a prelimi selection of   ege or Insti-                       a candidate for Diploma  tute recogn-                       Course in Forestry in a  ised by the                       Forest Research Instit-  Government of                       ute or College establi-  India or pos-                       shed or recognised by    sess equival-                       the Government of India  ent qualific-                       in accordance with the   ation.                       rules laid down for                       admission thereto and                       the selection shall be                       made by the Karnataka                       Public Service Commiss-                       ion.                       Provided that for selec-  For Promoti-                       ting a candidate for      on:-Must

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                     such Diploma Course, no   have put in                       selection by Karnataka    service of                       Public Service Commission not less                       shall be necessary if,    than eight                       such candidate has stood  years servi-                       first in the Forest       ce in the                       Rangers College:          cadre of Ra-                                                 nge Forest                       Provided further that     Officer inc-                       for a period of five      luding the                       years from the date of    service if                       commencement of these     any, render-                       rules, the posts or Ass-  ed as Range                       istant Conservators of    Forest Offi-                       Forests shall be filed    cers Grade-I                       as follows:-              and Range                                                 Forest Offi-                                                 cers Grade-                                                 II.                       Twenty five percent by                       Direct Recruitment and                       seventy five percent by                       promotion from the cadre                       of Range Forest Officers.                       ......................." ------------------------------------------------------------      The above  provision, as  seen  therefrom,  relates  to category or  cadre  of  Assistant  Conservators  of  Forests posts,  recruitment  of  persons  to  such  posts,  and  the qualifications of  such persons.  What is provided for under the head  "Method of recruitment" makes it clear that 50 per cent posts  in the  cadre are  to be  filled  up  by  direct recruitment, while  the remaining  50 per cent of such posts are to  be filled  up by  promotion from  the cadre of Range Forest Officers.  When the  second proviso  to the  Note  is seen, it becomes clear therefrom, that filling of such posts by direct  recruitment should  be restricted  to 25 per cent while filling  of such  posts by promotion from the cadre of Range Forest  Officers should  be increased  to 75 per cent, during the period of five years from the commencement of the Rules. What  is then  provided for  under the  head "Minimum qualification" makes  it clear that Range Forest Officers in the next  below cadre to the cadre of Assistant Conservators of Forests  would become  eligible for  recruitment  to  the higher  cadre   of  Assistant  Conservators  of  Forests  by promotion when  they once  put in  eight  years  of  minimum service as  Range Forest  Officers Grade-I or Grade-II. But, as seen  therefrom, the  minimum qualification  required  of persons  who   want  to   enter  the   cadre  of   Assistant Conservators of  Forests by  direct recruitment is that they must be  holders of  Diploma in  Forestry from  a college or institute recognised  by the  Government of India or possess equivalent  qualification.  Therefore,  if  a  Range  Forest Officer in  the cadre  of Range  Forest Officers,  becomes a holder of  Diploma in  Forestry from  a college or institute recognised  by   the  Government   of  India   or  possesses equivalent qualification,  he  would  also  be  a  candidate eligible for  direct recruitment  to the  cadre of Assistant Conservators of Forests even if he is not but in the minimum eight years  service as  a Range  Forest Officer which would have by  itself made him eligible for promotion to the cadre of Assistant Conservators of Forests.      The Note  in the  above  provision,  if  is  seen,  the selection of  candidates to  be made  by the  Public Service Commission does  not exclude  the Range  Forest Officers who

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will have  applied for  posts of  Assistant Conservators  of Forests  along   with  outsiders.   The   Note,   therefore, undoubtedly enables  the Range  Forest Officers in the lower cadre, who  are not  qualified to  be promoted  as Assistant Conservators of  Forests for  want of  the required  minimum eight years  of service, to become Assistant Conservators of Forests,  if   they  are  selected  by  the  Public  Service Commission for  being sent  for Diploma  in  Forestry  in  a Forest Research  Institute or  College either established or recognised by  the Government  of India, and they secure the required  Diploma   in  Forestry   from  such   College   or Institution. Such selection, if has to be made by the Public Service Commission,  it has  to be  in accordance  with  the Rules laid down for admission to Diploma courses as provided for in  the Note,  cannot also  be doubted.  Hence, the Note could be  regarded, as a general provision which enables the Range Forest Officers in the lower cadre, who are already in the service  of the  State to  get selected  through  Public Service Commission  along with  outsiders for being directly recruited to  the higher  cadre of Assistant Conservators of Forests. However,  if the  proviso to  that Note is seen, it becomes clear therefrom that a Range Forest Officer, who had stood first  in the  Forest Rangers College, is not required to go through the process of selection by the Public Service Commission and  is entitled to be deputed for Diploma Course in Forestry  on the  basis of  his having stood first in the Forest Rangers  College. Indeed,  the proviso  to  the  Note requires the  Government, without  selection by  the  Public Service Commission,  to send a Forest Range Officer, who has stood first  in the  Rangers Forest  Training Course  in the concerned Forest  Rangers College,  for  Diploma  Course  in Forestry in  any college  or institution, as and when a seat becomes available  if he  is otherwise  eligible  under  the rules of the concerned College or Institute for admission to such Diploma  Course. When  the proviso  is seen, the object which is sought to be achieved by it becomes apparent, i.e., to make  Range Forest  Officers, who are sent from Karnataka to undergo  Rangers Forest  Training Course  to compete with other candidates  of their batch who will have come from all over India,  by fully  involving themselves in such training course and  achieving top  position among  them when  all of them  complete  such  training  course.  Therefore,  if  the proviso provides  for sending for Diploma Course in Forestry a Range  Forest Officer,  who stood  first in  his  College, without selection  by  the  Public  Service  Commission,  it cannot be  challenged on  the ground of arbitrariness. If by the proviso  a Range  Forest Officer, who has stood first in the Rangers Forest Training Course in a college is preferred to others who have not taken such first place, the matter of sending him for Diploma in Forestry cannot offend Article 14 of the  Constitution as  had been  thought by  the  Tribunal while deciding  Rajshekharan case (supra), since it is based on reasonable  classification which  has nexus to the object sought to  be achieved  by making  candidates of  the State, sent to a College for Rangers Forest Training Course, evince keen interest  in getting  the first place in such training, so that  the  training  got  by  them  could  improve  their efficiency in  performance of  their duties when they return for work.      We, therefore,  uphold the finding of the Full Bench of the Tribunal  to the  effect that the Division Bench of that Tribunal in  Rajshekharan case  (supra) was not justified in taking the  view that  those Range  Forest Officers, who had passed on  merit (Honours),  when they completed their Range Forest Officers  Training Course  in a College or Institute,

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should also  be considered along with the candidates who had stood first  in the  Rangers  Forest  Training  Course  from different institutions  or colleges.  However, we are unable to see how the Full Bench of the Tribunal could have come to the conclusion  that only  the Range  Forest  Officers,  who would have  become eligible  for promotion  to the  cadre of Assistant Conservators  of Forests, could only be considered for selection  to the  Diploma Course  in Forestry, when the provision on  which it  has based  such conclusion  does not impose such eligibility restriction as becomes apparent from the scheme of the provision which is set out by us.      For the  foregoing reasons,  our answer to the question under consideration  is that  the proviso to the Note in the provision  relating   to  the   recruitment   of   Assistant Conservators of  Forests in  the Schedule  to Rule  2 of the Rules entitles  a Range  Forest Officer  to compate with the direct recruits  and be  sent by  the State  Government  for Diploma Course in Forestry in a Forest Research Institute or College either  established or  recognised by the Government of India, subject to Rules of Admission of such Institute or College, so  as to  make him  further  eligible  for  direct recruitment as  Assistant Conservator  of Forests within the quota available  for direct  recruitment  to  the  cadre  of Assistant Conservators  of Forests.  From the said answer to the question, it follows that 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. Since,  each of  the applicants 1 and 2 had stood  first in  the Rangers  Forest Training  Course of Gujarat Forest Rangers College, both of them are entitled to be sent for Diploma in Forestry.      In the result we allow all the above Civil Appeals, set aside the  judgment of the Full Bench of the Tribunal except to the  extent of  its disapproval  of  Rajshekharan’s  case (supra) and  further allow  applications of  the  applicants made before  the Tribunal and direct the respondents therein to send the applicants for the Diploma Course in Forestry on priority basis  as and  when seats become available for them in any  of the  colleges established  or recognised  by  the Government of  India, so  that they may become qualified for being considered  for appointment  as Assistant Conservators of Forests by direct recruitment. No costs.           IN THE SUPREME COURT OF INDIA           CIVIL APPELLATE JURISDICTION      SPECIAL LEAVE PETITION (CIVIL) NO. 8218 OF 1994 Shri R. Gopinath Versus State of Karnataka represented by Secretary to Government, Food and Forest Department. Bangalore.                          AND      SPECIAL LEAVE PETITION (CIVIL) NOs.10014-24 OF 1991 Anand B. Morappanavar & Ors. Versus The State of Karnataka by its Secretary, Food & Forest Department, Bangalore, and Ors.           JUDGMENT VENKATACHALA, J.      The petitioners  in these petitions are Officers in the cadre of  Range Forest  Officers of the Forest Department of Karnataka State. Whenever they had been sent by the State to

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different  Forest   Rangers  Colleges   or  Institutes   for obtaining  Rangers  Forest  Training,  they  completed  such training course  in honours.  Admittedly, although  they did not stand  first among  the candidates  of their  respective batches of  trainees in  the College or Institute concerned, in the  applications filed  by  them  before  the  Karnataka Administrative Tribunal  - "the  Tribunal", they  sought for issuance of  directions to  the State Government for sending them to  undergo Diploma  Course in  Forestry. So as to make them eligible  for direct  recruitment to  the        to the cadre of  Assistant Conservetors  of Forests,  invoking  the application of  the Note  and its proviso in the Schedule to Rule  2   of  the   Karnataka  Forest   Department  Services (Recruitment)  Rules,   1987  -  "the  Rules",  relating  to recruitment  of  Assistant  Conservators  of  Forests.  Such applications being  rejected  by  the  orders  made  by  the Tribunal, the  present  Special  Leave  Petitions  are  made seeking leave to appeal against those orders.      In our  Judgment in  Civil Appeal  Nos. 3198-99 of 1993 etc. -  S. Ramesha  & Anr. etc. Vs. The State of Karnataka & Anr. etc.,  pronounced today,  we have held that the proviso to Note  in the  Schedule to Rule 2 of the Rules relating to recruitment of Assistant Conservators of Forests enables the State Government  to send only the Range Forest Officers who will have  stood first in the Rangers Forest Training Course in the  college or  institution established or recognized by the Central  Government for  Diploma in  Forestry course and not Range  Forest Officers,  who had completed such training merely with  Honours. However, we have clarified in the said judgment that  the Karnataka Public Service Commission could select Range Forest Officers for Diploma course in Forestry, as provided for in the Note in the Schedule to Rule 2 of the Rules  relating   to  recruitment   to  posts  of  Assistant Conservators of  Forests. We  have  also  further  clarified therein that  the Note  cannot be  understood as  that which requires only  such Range  Forest Officers who had completed eight years  of service  as Range Forest Officers Grade-I or Grade-II to seek selection for Diploma in Forestry, so as to make them  eligible for  consideration by direct recruitment to the  cadre of  Assistant Conservators  of Forests, as has been held by a Full Bench of the Tribunal.      Therefore, the  State Government  cannot be directed to send the petitioners for Diploma in Forestry unless selected by Karnataka  Public Service  Commission under the Rules, as may  be   required  by  the  State  Government  taking  into consideration the availability of seats in Diploma Course in Forestry in  the colleges  or institutes  concerned. In  the said view of the matters, no special leave cna be granted in respect of the orders of the Tribunal as has been sought for in the Special Leave Petitions.      In  the   result,  the   Special  Leave  Petitions  are rejected, however, without costs.