JUDGMENT

Markandey Katju, J.—Leave granted.

2. This appeal has been filed against the impugned judgment of the Madras High Court dated 23.12.2005 in Writ Petition No.30223 of 2002.

3. Heard learned counsel for the parties and perused the record.

The first respondent was recruited as Forest Ranger and was promoted as Assistant Conservator of forest on 12.7.1982 and he was further promoted as Deputy Conservator of Forest on 20.9.1996. He was eligible for inclusion in the select list for promotion to the Indian Forest Service. Since his name was not included in the select list, he made a representation and that representation was rejected. Against this rejection the first respondent filed an O.A. before the Central Administrative Tribunal, which allowed the said application.

4. The contentions of the first respondent before the said Tribunal were:

(a)Even though he was fully qualified and eligible for inclusion of his name in the select list for the year 1998, his name was not considered and included in the said year.

(b)Though there were six vacancies, only two officers were selected.

(c)As far as the selection of one Mr. K.S. Krishnan is concerned, he had already crossed the age limit of