ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.873/2017 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.3226/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

I) Certiorari quashing the impugned Govt. order No. 1136-GAD of 2001 dated 03-10-2011, by virtue of which the Respondent No. 5 has been appointed as Forester in Forest Department and impugned Govt. order No. 1312 -GAD of 2002 dated 02-08- 2002, by virtue of which the Respondent No. 6 has been appointed as Forester in Forest Department, ignoring the preferential eligible right and claim of the petitioner;

II) Certiorari quashing the impugned Govt. order Notification No.34 issued by the Director (Code), Finance Department, J&K Govt. order No. DC/ES/Misc-113/2013 dated 30-08-2013 to the extent the services of the Respondent No. 5 have been regularized and he has been permanently absorbed on the post of Forester in Forest Department and also the impugned Govt. Order No. 514 -FST of 2012 dated 31-12-2012 to the extent the services of the Respondent No. 6 have been regularized and he has been permanently absorbed on the post of Forester in Forest Department.

OR in the alternative issue a writ in the nature of mandamus directing the Respondent/State to consider the case of the Petitioner for his appointment to the post of Forester in the Forest Department of Govt. of J&K hand giving him further regularization on the said post as has been done in the case of the Respondents No. 5 and 6 w.e.f. from the date the respondent No. 5, 6 have been appointed with all consequential benefits.

Any other writ, order or direction which Your Lordship may deem just and proper in the facts and circumstances of the case may also kindly be issued in favour of the Petitioner and against the Respondents.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The present Transfer Application arises out of SWP No.873/2017 which was originally filed before the Hon’ble High Court of Jammu and Kashmir at Jammu and, upon constitution of this Tribunal, stood transferred and was registered as T.A.No. 3226/2020.

b) The applicant, Harjinder Singh, is a resident of Jammu and claims to possess the requisite educational qualification for appointment to the post of Forester in the Forest Department. According to the applicant, he passed the 10+2 examination with science subjects and thereafter completed graduation from the University of Jammu. He asserts that under the Jammu and Kashmir Forest (Subordinate) Service Recruitment Rules, 1991 issued vide SRO 335 of 1991 dated 28.11.1991, the minimum qualification prescribed for the post of Forester is 10+2 with science subjects. On the strength of this qualification, the applicant claims that he was fully eligible to be considered for appointment to the said post.

c) The grievance of the applicant arises from the appointment of respondent Nos. 6 and 7 to the post of Forester. According to the applicant, respondent No. 6 was appointed as Forester vide Government Order No. 1136-GAD of 2001 dated 03.10.2001 and respondent No. 7 was appointed vide Government Order No. 1312-GAD of 2002 dated 02.08.2002. The applicant alleges that these appointments were made in violation of the recruitment rules and without following any proper selection process. It is specifically pleaded that respondent No. 6 was only matriculate and therefore did not possess the prescribed qualification of 10+2 with science subjects required for appointment to the post of Forester under the applicable recruitment rules.

d) The applicant further states that the Divisional Forest Officer, Jammu Forest Division, while communicating with higher authorities, had also indicated that the qualification prescribed under SRO 335 of 1991 for the post of Forester was 10+2 with science subjects, whereas respondent No. 6 ha