Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 8 and 10 1958 Rr. 2 Kera/a Forest Service Rules 7 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Kerala Forest Service Rules, 1958; Rr. 2, 7, 8 and 10:Promotion - Appointment of Rangers from Deputy Rangers/ Foresters - Before appointment, selection of candidates for Rangers training by Kerala Public Service Commission - Controlling Authority allegedly issuing approved probationer certificate in respect of certain candidates though probation was not completed - Selection of 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 either be an approved probationer or member of the service-Since Public Service Commission laid down eligibility conditions, the candidates have to fulfill such conditions - No departure from such conditions is allowed - Eligibility requirement, that an incumbent be a member of service/approved probationer should only be selected for 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the High Court, cannot be sustained - However, training undergone by selected candidates who were ineligible, cannot be withdrawn but they would not get benefit of training, vis-a-vis the appellants - eligible candidates.Words and Phrases:'Approved probationer' and 'confirmation' - Meaning of in the 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 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 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 candidates, probationers. As a result, the appellants who were approved probationers could not be selected for the vacancies notified for the course. This action of the authority was challenged by the appellants by filing a writ petition. A counter affidavit was filed in the main writ petition by the State accepting the contention 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 High Court. Hence, the present appeals. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2007 INSC 1092 |
Petitioner | R.s. Jayakumar And Ors. |
Respondent | State Of Kerala And Ors. |
SCR | [2007] 11 S.C.R. 99 |
Judgement Date | 2007-10-12 |
Case Number | 865- 867 |
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