High Court of Karnataka
S. ABDUL NAZEER & H.S. KEMP ANNA, JJ.
State of Karnataka & Others
Versus
B. Mahadevaiah & Another
Writ Petition No. 36951 of 2013 & W.P. No. 38923 of 2013 (S-Kat)
Decided on: 22-01-2014
1. These writ petitions are directed against the order in Application Nos.2906 to 2907/2012 dated 11.3.2013 whereby the Karnataka Administrative Tribunal, Bangalore, has read down the proviso to Entry 53 of the Schedule to the Karnataka Forest Department Services (Recruitment) Amendment Rules, 2003 (for short 'the Rules') and the notification dated 26.11.2007 relating to appointment of Forest Watchers.
2. The Chief Conservator of Forests and Recruitment Authority, Chamarajanagar Circle, Chamarajnagar, the fourth petitioner herein, issued the notification at Annexure-B dated 27.6.2011 inviting applications from qualified candidates for the selection to 72 posts of Forest Watchers to Work for Forest Tiger, Bandipur. This was followed by yet another notification at Annexure-C dated 1.7.2011 inviting application from the qualified candidates for the selection of 118 posts of Forest Watchers.
3. In response to the said notification, the respondents applied for the post of Forest Watchers under the Schedule Tribe (ST) reserved category and submitted all the documents such as the caste certificate, residential proof certificate, school certificate, etc. The fourth petitioner scrutinized the said documents and issued admission cards to the respondents as per Annexures 'A27' and A28' respectively. The respondents appeared and passed the required test and examination for the post of Forest Watchers. Subsequently, a list of eligible candidates was issued containing the names of the respondents at Sl.No.106 and Sl.No.98 respectively.
4. The fourth petitioner issued intimation letters as per Annexures 'A30' and 'A31' directing the respondents to appear before him on 1.12.2011. Accordingly, they appeared before him and submitted necessary documents. But the fourth petitioner informed them that the date had been postponed and that they would shortly receive intimation letters of the proposed date for the physical test. The respondents received the intimation letter dated 13.2.2002 at Annexures : A32' and "A33' respectively stating that they had not submitted their documents. They were granted one more opportunity to do so. The respondents again appeared before the fourth petitioner on 23.2.2011 and submitted their original documents. It is the case of the respondents that the fourth petitioner refused to receive the documents and informed them that they had not been selected since they had received their education outside the Project Tiger Division, Bandipur.
5. The respondents approached the third petitioner - Principal Chief Conservator of Forests, Bangalore, through representation dated 2.3.2012 seeking his intervention in the matter as per Annexure 'A34'. At this stage, they came to know that they were not eligible for appointment to the post in question as they had not studied from first standard to seventh standard in the Taluks coming partially or fully within the Project Tiger Division, Bandipur. They also came to know that the Chief Conservator of Forest, Chamarajanagar had written a letter at Annexure 'Al* dated 19.5.2012 to the Principal Chief Conservator of Forests stating that they were not qualified for the post of Forest Watchers.
6. Therefore, they filed applications before the Karnataka Administrative Tribunal, Bangalore challenging the letter at Annexure 'AT dated 19.5.2012 and also the validity of the proviso to Entry 53 of the Schedule to the Rules in notification No.FEE.91.FTC.2002 dated 6.12.2003 insofar as it restricts appointment of Forest Watchers to those who have not studied from first standard to seventh standard in the taluks coming partially or fully within the jurisdiction of the wild life division.
7. The petitioners filed their objections to the applications contending that the respondents having participated in the selection process, cannot question the selection criteria. It is further contended that the respondents have not made any valid ground regarding irrationality of the restriction contained
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