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2019 Supreme(J&K) 24

Rashid Yahya Naqash – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Mr. Jahangir Iqbal Ganai, Sr. Advocate with Mr. Suhail Rashid Bhat, Advocate.
For the Respondents:M/s Asifa Padroo, AAG, T.M. Shamsi, ASGI, Altaf Mehraj vice Azharul Amin, Advocate.

JUDGMENT :

1. Petitioners herein, by the medium of the instant petition, have prayed for the following reliefs:-

(I) “By issuance of writ of mandamus, the Jammu and Kashmir Wildlife(Gazetted) Service Recruitment Rules, 1994 as framed vide SRO 158 of 1994, to the extent it does not provide for any promotion avenues for the post of Assistant Wildlife Warden, be declared as ultravires to the Constitution.

(II) By issuance of writ of mandamus, the respondents be commanded to notify ‘State Forest Service’ as mandated in terms of Rule 2(g)i) of the Indian Forest Service(Recruitment) Rules of 1966 read with Regulation 5 of IFS (Appointment by Promotion) Regulations of 1966 and include the petitioners as members of ‘State Forest Service.

(III) By issuance of writ of mandamus, the respondents be commanded to prepare the list of suitable officers for induction into Indian Forest Service by promotion in accordance with Indian Forest Service(Appointment by Promotion)Regulations, 1966, only after the ‘State Forest Service’ is notified. Or in alternative;

(IV) By issuance of writ of mandamus, the respondents be commanded to amend J&K Forest (Gazetted) Service Recruitment Rules, 1970 and thereto incor











































































































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