Decided on May 06,1999

STATE Respondents


- (1.) PETITIONER by means of this petition is seeking issuance of a writ of mandamus commanding the respondents to consider and promote the petition as Range officer Grade -1 retrospectively from the date S/Shri Romesh Chander Gupta, Abdul Rashid Malik and Mohd. Rafiq Bhat, Range officers have been promoted as Range officers Grade -1.
(2.) THE petitioner was appointed as Forester in the year 1980. He joined Kashmir Forest Training School, Chittemar in 1981 -82 session for undergoing the training.
(3.) IT is averred that in the result, the authorties conducting the examinations played fraud by tempering his result and did not account for the due marks accured by him. The petitioner according to him has secured the first position but the said authorities declared him to have secured second position. He made representation to the Chief Conservator of Forests in May, 1981. Petitioner made another representation on 5.9.1982 to the Minister for Forests, who directed the Chief Conservator of Forests to take appropriate action and report within a week positively. The Chief Conservator of Forests in turn referred his representation to the Conservator of Forests, W.Plan and Research Circle, Srinagar, who replied the letter under his communication No. 834/E dated 1.06.1985, relevant portion whereof is extracted as under: - "However, the examination of the answer book reveals: 1. In Survey and Drawing Roll No. 7 i.e. S. Tej Bahadur Singh has been awarded 23 marks in question No.2, whereas in the total only 13 marks to this question have been accounted for. 2. Question No.4 of Survey and Drawing has been attempted by Roll No.7 wheras no marks have been awarded for the same. 3. In comparision Roll No. 18 who has stood first has been awarded 9 marks for question No.4 of Mensuration which seem to be unjustified. The whole matter looks, as a fishy. It may not be out of place to mention here that 2 candidates have secured first position and S. Tej Bahadur Singh, representation is under review, stands second. It is evident that some injustice has been meted out to this trainee (S. Tej Bahdur Singh). The respondents, recommended the petitioner for undergoing DDR Training Course at Gujrat Forest Rangers College, Rajpipla,as a special case, admitting that injustice has been caused to the petitioner, in lieu of redressal of his grievance. The petitioner has undergone and passed the said training course with honours and has been awarded the prize of "Indian Forest" Copy of this certificate has been attached with this petition. Petitioner has been appointed Range officer Grade -I, vide Government order no. 244 of 1987 dated 14.07.1989.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.