IMPORTANT POINT
Rule 7(2) of the Recruitment Rules to the extent that it imposes the requirement of being a graduate is unconstitutional.

JUDGMEN T

KURIAN, J.:

Leave granted.

2. The short but complex question arising for consideration in this case is whether the restriction introduced on the basis of educational qualification for participating in a Limited Departmental Competitive Examination (hereinafter referred to as “LDCE”) violates Articles 14 and 16 of the Constitution of India.

3. Undisputed facts of the case: The educational qualification for appointment to the post of Forest Guard in the Forester, Forest Guard, Ranger-Surveyor, Surveyor, Head Clerk, Accountant and Clerk-cum-Typist (Recruitment) Rules, 1987 (hereinafter referred to as “the Recruitment Rules”) is Higher Secondary School Certificate (hereinafter referred to as “HSSC”). It is a feeder category for promotion to the post of Forester. The relevant part of the Recruitment Rules, as amended in 2013, read as follows :

“Rule -7. (1) Appointment to the post of Forester in the Forest Department shall be made either:-

(a) by promotion of a suitable person from amongst the persons holding the post of Forest Guard on the basis of seniority as per the circle gradation list and subject to fitness, having not less than three years regular service in that post; or

(b) By selection of a suitable person from amongst the persons holding the post of Forest Guard, on the basis of common merit list prepared by the Additional Principal Chief Conservator of Forests (Administration Subordinate Cadre), Maharashtra State, Nagpur, on the basis of result of the “Limited Departmental Competitive Examination”, conducted by the Chief Conservator of Forests (Education and Training), Pune on the basis of rules made for the Limited Departmental Competitive Examination by the Government, from time to time.

(2) For appearing in the examination the candidates shall, --

(a) have completed five years of regular service as Forest Guard in the Forest Department;

(b) possess a degree of a statutory university or any other qualification declared by the Government to be equivalent thereto;”

(Emphasis supplied)

4. By the amendment introduced in the Recruitment Rules, 75 per cent of the posts in the category of Forester are to be filled up on the basis of seniority-cum-fitness (Rule 7(1)(a)). The remaining 25 per cent is to be filled up on the basis of the LDCE (Rule 7(1)(b)).

5. Two main conditions have been prescribed to participate in the competitive examination – (i) the candidate should have completed minimum five years of service as Forest Guard and (ii) the candidate should be a graduate. It is the contention of the appellant that as far as the first condition is concerned, the Department is well within its competence to prescribe eligibility of minimum experience for a Forest Guard to get promoted as Forester even on the basis of the competitive examination since the post of Forester requires experience in service and exposure in the field. However, introducing a further restriction on the basis of educational qualification to participate in the LDCE is discriminatory.

6. The contention of Shri Shekhar Naphade, learned Senior Counsel appearing for the State is that the whole purpose behind the amendment was to introduce young blood in the post of Forester where they have to undertake physically challenging responsibilities as well, and that is why preference is sought to be given to graduates.

Laudable may be the object but the implementation of the policy behind the object can only be in accordance with law. If the young graduates are otherwise intellectually sharp and educationally proficient, they would prove to be more meritorious in the competitive LDCE. As the Rules now stand, opportunity has to be thrown open to the youngsters who are non-graduates also in the seniority list but who have completed the required number of years of service and yet are otherwise alert, efficient and proficient. Denial of the same would certainly be violative of Articles 14 and 16 of the Constitution.

7. We are afraid, the reference made by the l