S. RAMESH AND ANR.versusSTATE OF KARNATAKA AND ANR.

                        S. RAMESH AND ANR.                                   A
                                    v.
                STATE 'OF KARNATAKA AND ANR.

                              JULY 2, 1995
                                                                             B
          !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
                                                                             c
Forestiy.

       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, E
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
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. Kulkarni for Ms. Sangeeta Kumar, G.V. Chandrasekhar
               S. RAMESHv. STATE[VENKATACHALA,J.]               807
                 .                                             .
for M.T. George, E.C., Vidyasagar for Gopal Singh and KV. Mohan for A
the appearing parties.

      The Judgment of the Court were delivered by

      VENKATACHALA, J. Order dated 23.8.1991 made in Applications
Nos. 2016-17 of 1991 by a Full Bench of the Karnataka Administrative            B
Tribunal - "the Tribunal", has been iinpugned 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 C
parties in these appeals, according to the ranking assigned to them in the
common cause title of the applications before the Tribunal. In those
applications,_ while S. Ramesh and N. Shivaraju were, respectively, Ap-
plicants 1 and 2, the State of Karnataka, represented by the Secretary to
Government and the Principal Chief Conservator or Forests were, respec-
tively, Respondents 1 and 2.                                               D

       Gujarat Forest Rangers College, is conducting Forest Ranger Train-
ing 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    E
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         F
a certificate to that affect 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 G
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-I on 31.10.90 making a
request to send applicants 1 and 2 for diploma Course in Forestry al 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 H
    808                   SUPRFME COURT REPORTS (1995] SUPP. 1 S.C.R.

A   (Recruitment) Rules, 1987 - "the Rules", relating to recruitment of Assis-.
    tant Conservators of Forests. However, respondent-1 did not send ap-
    plicants-I and 2 as required for by respondent-2, since a Division Bench
    of the Tribunal in the case nr Rajshekhara11 v. State of Kamataka & OtheiJ,
    (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
B   as the candidate who stood first among the candidates who had completed
    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
c   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 to applications for
    being decided by a Full Bench of the Tribunal. Subsequently, a Full Bench
D   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 Notice and the proviso
E   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
F
    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
G   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
H            Rules, for being sent as candidate to Diploma Course in Forestry
                              S. RAMESHv. STATE[VENKATACHALA,J.]                                         809

                       m a Forest Research Institute or College either established. or                         A
                       recognised by the Government of India .

.....          Since the answer to the said question has to depend on the construc-
        tion 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:
                                                                                                               B

                                                          SCHEDULE

         Category                                                                 Minimum
                                      Method of recruitment
         of Posts                                                              Qualification                   c
               1                                          2                              3
        ············      ··········································   ...............................
        Asstt.     Fifty per cent by Direct Recruitment For              Direct
        Conservat1 and fifty per cent by promotion from Recruitment : Must be
                                                                                                               D
        r of       the cadre of Range Forest Officers. a holder of Diploma


-       Forests
                   NOTE :- There shall be a prelimi-
                                                          in Forestry from a
                                                          college or Institute
                   selection of a candidate for Diploma recognised by the
                                                          Government of India
                   Course in Forestry in a Forest
                                                          or possess equivalent
                   Research Institute or College
                                                          qualification.
                   established or recognised by the
                   Government of India in accordance For Promotion
                   with the rules laid down for admission Must have put in
                   thereto and the selection shall be service of not less than
                   made by the Karnataka Public Service eight years service in                                 F
                   Commission.                            the cadre of Range
                          Provided that for selecting a can- Forest        Officer
                          didate for such Diploma Course, no including the service if
                          selection by Karnataka Public Service any, rendered as
                          Commission shall be necessary if, Range Forest Officer&                              G
                          such candidate has stood first in the Grade-I and Range
                          Forest Rangers Collect;               Forest     Officers
                                                                Grade-II .
                        . Provided further that for a period of
                          five yeas from the date of commence-
                          ment 0 f these rules the po sts of                                                   H
    810                  SUPREME COURT REPORTS (1995] SUPP. l S.C.R.

A
                            ' '
                Assistant Conservators of Forests
                shall be filed as follows:-
                                                                                   -
                Twenty five per cent by Direct
                Recruitment and seventy five per cent
                by promotion from the cadre of
                                                                                  ·--
B               Range Forest Officers.




           The above provision, as seen therefrom, relates to category or cadre
c   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, wile the remaining 50
    per cent of such posts are to be filled up by promotion from the cadre of
D   Range Forest Officers. When the second proviso to the Note is seen, it




E
    becomes clear therefrom, that tilling of such posts by direct recruitment
    should be restricted to 25 per cent wile 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
F   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
G   holder of Diploma in Forestry from a college or institute recognised by the
    Government of India or possessed 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 put in the minimum eight years
    service as a Range Forest Officer which would have by itself made him
H   eligible for promotion to the cadre of Assistant Conservators of Forests.
                    S. RAMESHv. STATE[VENKATACHALA,J.]                      811

             The Note in the above provision, if is seen, the selection of can- A
      dictates to be made by the Public Service Commission does not exclude the
      Range Forest Officers who will have applied for posts of Assistant Con-
"'·   servators 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 B
      required minimum eight years of service, to become Assistant Conservators
      of Forest•, if they are selected hy the Public Service Commission for being
      sent for Diploma in forestry in a Forest Research Institute or College either
      established or reco&nised by the Government of India, "and they secure the
      required Diploma in Fores.try from such College or Institution. Such selec- C
      tion, if has to be made by th.e 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 D
      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 Piiblic Service Commission and is entitled to be doubted for Diploma E
      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
                                                                                    F
      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 Range~s Forest
      Training Course to compete with other candidates of their batch who will G
      have come from all over India, hy 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 H
    812                   SUPREME COURT REPORTS (1995] SUPP.1 S.C.R.

A   challenged on the ground of arbitrariness. If by the proviso a Ranger 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
                                                                                      .o...-
    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
B   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.
c
          We, therefore, uphold the finding of the Full Ben"ch 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
D   Range Forest Officers Training Course in a College or Institute, 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 Con-
E   servators of Forests, could only be considered for selection to the Diploma
    Course in Forestry, when the provision on which it has based such con-
    clusion does not impose such eligibility restriction as becomes apparent
    from the scheme of the provision which is set out by us.

F         For the foregoing reasons, our answer to the question under con-
    sideration 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 entitled a Range Forest Officer to compare 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
G   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
H   who has stood first in his Rangers Forest Training Course in a college or
              S. RAMESH v. STATE [VENKATACHALA, J.]                     813

institute need not wait for his selection to be made by Public Service A
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       B
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       c
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.

      SLP (C) Nos. 8218/94 and SLP (C) 10014-24 of 1991
                                                                               D
      VENKATACHALA, J. The petitioners in these petitions are Officers
in the cadre of Range Forest Officer of the Forest Department of Kar-
nataka Stale. Whenever they had been sent by the State to different Forest
Rangers Colleges or Institutes for obtaining Rangers Forest Training, they
completed such training course in Honours. Admittedly, although they did
                                                                               E
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 cadre of Assistant Conservators of Forests, invoking the    F.
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         G
orders.

      In our judgment in Civil Appeal Nos. 3198-99 of 1993 Etc. - S.
Ramesha & Anr. Etc. v. The State of Kamataka & 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         H
    814                   SUPREME COURT REPORTS (1995) SUPP. 1 S.C.R.

A  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
B 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 recruit-
   ment 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
C 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 sent the
D   petitioners of Diploma in forestry unless selected by Kamataka Public
    Service Conuni5$ion 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 can be granted in respect of the orders of
E   the Tribunal as has been sought for in the Special Leave petitions.

         In the result, the Special Leave Petitions are rejected, however,
    without costs.
                                                         ·Appeal allowed.
    RA.                                                   Petition rejected.