STATE TIMES NEWS
JAMMU: The Central Administrative Tribunal stayed selection process in pursuance to Advertisement Notice No. 04.2022 dated 27.07.2022 to the extent of filling up of posts of Foresters (Jammu Division) figuring at serial no. 193. Court further ordered that in meantime, the respondents are at liberty to conclude pending recruitment rules amendment process.
This significant order has been passed in a petition filed Pardeep Singh for setting aside the impugned Advertisement notification No. 04.22 dated 27.07.2022 issued by the Service Selection Board and also seeking direction to the Service Selection Board to provide minimum qualification for direct recruitment to the post of Forester as ‘Bachelors degree in Science or Equivalent qualification with at least one of subject in Forestry, Botany, Zoology, Agriculture, Bio-Technology, Environmental Science, Horticulture, Science Subject’. During the course of hearing Sr. Adv Sunil Sethi assisted by Adv Ravi Abrol submitted that vide Advertisement Notification No. 4 of 2022 dated 27.07.2022, various posts, including that of Forester at Serial No. 9/Item No. 193 have been issued. The qualification prescribed for the post of Forester was 10+2 or equivalent qualification with science subject. The Rule providing minimum qualification for the direct recruitment to the post of Forester as 10+2 or equivalent with science subject was challenged by some candidates possessing professional qualification of Forestry before High Court of Jammu and Kashmir at Srinagar by way of filing SWP No. 2332 of 2017 titled Mohd Yousuf Ganai & Ors. Vs. State of Jammu and Kashmir and Others. The High Court vide order dated 14.12.2017 while taking the statement of Senior Additional Advocate General on record has directed the respondents to conclude the process initiated for amending the recruitment rules for the post of Forester in terms of communication dated 15.11.2017 by not later than six months. It was also directed by the Court that since the respondents are in the process of amending the recruitment rules for the post of Forester (Direct Recruitment), they shall also ensure that the concern, as projected by petitioners in the writ petition, is well registered and addressed to. The Writ Petition was accordingly disposed of by High Court.
It has been further been submitted by Sr. Counsel that as the respondents had themselves committed in the aforesaid judgement that they would amend the recruitment rules for the post of Forester in terms of communication dated 15.11.2017, they were duty bound to implement the same. The respondents had sought and were granted six month’s time to bring the requisite change, however, even after a lapse of more than five years, they have not done the needful. On the contrary, they issued fresh advertisement notification no. 04 of 2022 dated 27.07.2022 prescribing the same qualification of 10+2 which was there in the earlier notification, which is a clear violation of judgement passed by High Court of J&K. On the otherside Rajesh Thappa AAG appearing for the respondents submitted that as the process of amendment of recruitment rules has not yet been completed, Advertisement Notification No. 04 of 2022 dated 27.07.2022 has been issued on basis of existing recruitment rules. The said notification does not preclude applicants from applying, even if they have qualification higher than 10 + 2. He prayed for some time to verify the status of amendment process of recruitment rules pertaining to post of Forester.
Suresh Kumar Batra, Judicial Member of Centra Administrative Tribunal after hearing both the sides, observed that from perusal of Order dated 04.12.2017 (supra), it is seen that the respondents had themselves placed on record the communication bearing no. PCCF/LO/2522 dated 15-11-2017 of Additional Principal Chief Conservator, before the High Court and apprised the High Court that they would amend the recruitment rules for the post of Forester in terms of communication dated 15.11.2017, therefore the respondents were legally bound to complete the amendment process in time bound manner. “The respondents had sought and were granted six month’s time to bring the requisite change, however, even after a lapse of more than five years, they have not done the needful rather they have chosen to proceed further with fresh advertisement notification no.04 of 2022 dated 27.07.2022 requisitioning the same qualification of 10 + 2 as par old rules,” the CAT observed and looking into the facts and circumstances of the case, a prima facie case for grant of interim relief is made out. Accordingly, interim relief is granted and issued notice to respondents returnable within four weeks also directed respondents to file counter affidavit within three weeks and ordered that the selection process in pursuance to Advertisement Notice No. 04.2022 dated 27.07.2022 to the extent of filling up of posts of Forester (Jammu Division) figuring at serial no. 193 is stayed. However, in meantime respondents are at liberty to conclude the pending recruitment rules amendment process, the CAT directed.