RAVI R. TRIPATHI, J.

( 1 ) THE present petition is filed by the persons who have been serving as daily wagers in the Social Forestry Division of Sabarkantha Forest Division since many years. Petitioners no. 1 and 2 have been serving since 1. 1. 1991 and 2. 4. 1993 respectively. The petitioners were paid daily wage of Rs. 69. 30 per day.

( 2 ) IT is the case of the petitioners that the State Govt. took a policy decision to make recruitment to the posts of Beat Guards from daily wagers, like the present petitioners of the Forest Department. Therefore, the Principal Chief Conservator of Forests, Gujarat State issued a circular dated 28. 9. 1998, a copy of which is produced at Annexure a to the petition. The circular was sent to all the Conservators of Forest of all the circles and divisions. Pursuant to that circular, the daily wagers like the petitioners herein were called for oral interview with their testimonials on 15. 10. 1998, by call letters dated 12. 10. 1998 but thereafter by another call letter dated 23. 10. 1998 for an interview on 28. 10. 1998. Copies of both the call letters dated 12. 10. 1998 and 23. 10. 1998 are produced at Annexure b (Colly.) to the petition.

( 3 ) IT is the case of the petitioners that pursuant to the interview held by the department on 28. 10. 1998 the petitioners were declared pass. On the next day, i. e. 29. 10. 1998 the petitioners were called for walking test. As per the information of the petitioners, 42 daily wagers of Sabarkantha Division appeared for the interview amongst them. The petitioners were thereafter taken for medical test at Civil Hospital, Himatnagar, wherein also the petitioners were declared successful. The department prepared a list of 37 successful candidates for appointment as Beat Guards. In that list, the names of the present petitioners are at serial nos. 24 and 31. A copy of that list is produced at Annexure c to this petition.

( 4 ) THE petitioners were waiting for the orders, appointing them as Beat Guards. But to their surprise they were not appointed while the persons whose names are appearing at serial nos. 30 and 33 in the said list, Annexure c, page 17 to the petition came to be appointed by order dated 9. 12. 1999, zerox copies of the letters/ orders are produced at Annexure d (Colly.) to the petition. It is interesting to note that the person at serial no. 30, Shri Kalusinh Abhesinh Vaghela had joined service as a Rojamdar since 2. 4. 1993 only while the person at serial no. 33, i. e. Shri Karmaji Laluji joined service on 1. 4. 1994. As against that the petitioners herein are serving as daily wagers since 1991 and 1993 respectively. The petitioners were surprised to learn that out of the list of 37 persons, a copy of which is at Annexure c, 14 persons are appointed by the department. The petitioenrs are excluded for the reasons best known to the authorities. The petitioners believe that they are not appointed for extraneous consideration only. The petitioners are left out without any rhyme or reason.

( 5 ) THE petitioners having come to know about the appointment of the persons who are lower in the merit list as well as junior to the petitioenrs made several representations to the authorities, oral as well as written. The petitioners also requested the authorities to issue appointment orders in their favour also. But the authorities did not pay any heed to the representations of the petitioenrs and hence the same did not bear fruits. The petitioners received only oral assurances.

( 6 ) THE action of the respondent authorities of appointing junior persons who were also lower in the merit list and not appointing the petitioenrs, is challenged by way of this petition, being unjust, arbitrary, discriminatory, illegal, bad in law, null and void, contrary to the canons of equity, justice and fair play and good conscience and also violative of the principles of natural justice. The petitioners have also set out the details of the persons, who are junior to the petiti

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