Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Forester. Forest Guard Ranger-Surveyor |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Forester. Forest Guard, Ranger-Surveyor. S11rvey01: HeadClerk, Accountant and Clerk-cum-Typist (Recruitment) Rules. 1987- r. 7 - Constitutionality of - On touchstone of Arts. 14 and 16 ofthe Constitution of India - Educational qualification for appointmentto the post of Forest Guard as per rules is Higher Secondary SchoolCertificate - lt is a feeder category for promotion to the post ofForester - By the amendment introduced in the Recruitment Rulesin 2013, 75% of the posts in the category of Foresters to be filledup on the basis of seniority-cum-fitness [r. 7(J){a)} and remaining25% is to be filled up on the basis of the Limited DepartmentalCompetitive Examination (LDCE) [r. 7(J)(b)] - As per r. 7(2). twoconditions prescribed to participate in the LDCE (i) the candidateshould have completed 5 years of service as Forest Guard and (ii)the candidate should be graduate - Whether the restrictionintroduced on the basis of educational qualification for participatingin the LDCE violated Arts. 14 and 16 - Held: LDCE is meant forselection for promotion from the entire lot of Forest Guardsirrespective of seniority but suNect to minimum five years of service- In that situation, introducing an additional restriction ofgraduation for participation in the LDCE without there being anyquota reserved for graduates will be discriminatory and violativeof Arts. 14 and 16 of the Constitution of India since it creates aclass within a class - It violates the equality and equal opportunityguarantees - Forest Guards. irrespective of educationalqualifications, have formed ·one class for the purpose ofparticipation in the LDCE - A further classification betweengraduates and non-graduates for participating in the LDCE isunreasonable - It is a case of equals being treated unequally -r. 7 (2) to the extent that it imposes the requirement of being a graduate is unconstitutional - Constitution of India -Arts. 14 and 16 - ServiceLaw - Promotion - Restriction on the basis of educationalqualification. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 1076 |
Petitioner | Maharashtra Forest Guards And Foresters Union |
Respondent | The State Of Maharashtra And Others |
SCR | [2017] 14 S.C.R. 446 |
Judgement Date | 2017-11-03 |
Case Number | 17974 |
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