M.N. Bhandari, J.

By these writ petitions, a challenge is made to the order dated 20th November, 2015. The order aforesaid provides manner for grant of license to enter into the game sanctuary. It is as per the provisions of the Wild Life (Protection) Act, 1972 (for short "the Act of 1972").

2. It is a case where the Tourism Department, State of Rajasthan issued an advertisement to call for the applications for grant of license for various districts including Sawaimadhopur. The required qualifications were provided therein. Pursuant to the aforesaid, the petitioners along with many others applied for grant of license. They appeared in the selection followed by declaration of result. A separate list was issued for general caste and reserve caste. The name of the petitioners exist in the list of reserve caste. The Forest departments, however, allowed training only to 19 selected candidates of general caste, leaving others. It was in violation of the Rajasthan Tourism Trade (Facilitation and Regulation) Regulations and Rules, 2010 (for short "Regulations of 2010"). It is stated that authority to issue license lies with the Tourism Department. The license should have been granted to all the successful candidates without causing discrimination. The reserve caste candidates were deprived to get license of Nature Guide to enter into the game sanctuary of Ranthambhore.

3. This writ petition has been filed alleging violation of Regulations of 2010, as the selection made by the Tourism Department has been given effect in part. The only reason given to deny license is due to availability of guides in excess to the requirement. The documents have been produced to show requirement of additional hands and if the number of Nature Guides are in excess then there was no reason to allow even 19 candidates to undertake the training and, that too, leaving reserve caste candidates.

4. It is, however, submitted that training of 19 persons of general caste and award of licenses of Nature Guide was challenged by the existing Nature Guide. The writ petition therein was dismissed followed by dismissal of the appeal by the Division Bench. In pursuance of it, 19 candidates could get licenses of Nature Guide. The prayer is accordingly to set aside the order dated 20th November, 2015 and respondents be directed to grant license of Nature Guide to the petitioners so as to enter into Reserve Game Sanctuary.

5. Learned Additional Advocate General Mr. Shyam Arya has opposed this writ petition. It is submitted that the Tourism Department has no authority to select Nature Guides, rather, it remains in the domain of the Chief Wild Life Warden as per Sections 27 and 28 of the Act of 1972. The Tourism Department can grant license for entry into the monument in the forest or any other monuments or area, as per Rules of 2010 other than the reserve game sanctuary, which is governed by the Act of 1972.

6. Learned counsel for the petitioners have made a reference to the presence of the officer of the Forest Department while making selection by the Tourism Department. The mere presence of one officer does not mean that Sections 27 and 28 of the Act of 1972 would have no effect or to be made redundant. The Act of 1972 is a Central Act and even if the Rules were made subsequently in the year 2010, it cannot be applied in violation to the Central Act. In view of the above, permit to enter into the game sanctuary can be given only by the Chief Wild Life Warden and none else. The order dated 20th November, 2015 makes a reference of it and, accordingly, as and when the applications would be invited by the competent authority for grant of permit, the petitioners can apply.

7. So far as the training of 19 persons is concerned, the challenge to it has not been made herein and, otherwise, remained unsuccessful in a writ petition filed by the other Nature Guides. The special appeal thereupon was also dismissed. The training of 19 persons was not pursuant to the selection made by