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2017 Supreme(SC) 1059

KURIAN JOSEPH, R.BANUMATHI
MAHARASHTRA FOREST GUARDS AND FORESTERS UNION – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


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;





































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