VENKATACHALA - (1.) ORDER dated 23-8-1991 made in Applications Nos. 2016-17 of 1991 by a Full Bench of the Karnataka Administrative Tribunal- "the Tribunal", has been impugned by both the applicant and the respondents therein by filling the above two sets of Civil Appeals against that order.
(2.) FOR the purpose of convenience, we shall hereinafter refer to the parties in these appeals, according to the ranking assigned to them in the common cause title of the applications before the Tribunal. In those applications, while S. Ramesha and N. Shivaraju were, respectively Applicants l and 2, the State of Karnataka, represented by the Secretary to Government and the Principal Chief Conservator of FORests were, respectively, Respondents l and 2. Gujarat Forest Ranger Training College is conducting Forest Ranger Training Courses every year for candidates sent there from various States in the country for such courses. Applicant l belonged to first batch of candidates of the year 1989, who took such training course from the said College, while applicant 2 belonged to second batch of candidates, who took similar training course in the same year, from the same College. Both of them belonged to the cadre of Range Forest officers of the Forest Department of Karnataka and had been sent for the said training courses by the Government of Karnataka. Each of them stood first among his batch of candidates, who completed such training course and got from the College a certificate to that effect along with Gujarat Gold Medal, meant for a candidate securing first rank in the training course. Respondent No. 2, the Principal Conservator of Forests, who took note of the fact that applicants l and 2 had completed the Forest Rangers College and each of them had stood first in such training course in his batch of candidates from all over India, wrote a letter to respondent No. l on 31-10-90 making a request to send applicants l and 2 for Diploma Course in Forestry at State Forest Service College, Coimbatore, as provided for in the proviso to Note in the Schedule to Rule 2 of the Karnataka Forest Department Services (Recruitment) Rules, 1987 - "the Rules", relating to recruitment of Assistant Conservators of Forests. However, respondent No. 1 did not send applicants 1 and 2 as required for by respondent No. 2 since a Division Bench of the Tribunal in the case of Rajshekharan v. State of Karnataka, 1990 KSLJ 161, had by then construed the words "the candidate who stood first in the Forest Rangers College" in the proviso to the said Note as the candidate who stood first among the candidates who had completed the Rangers Forest Training Course from different institutions or colleges on merit, i.e., honour. This situation led applicants l and 2, to file the aforesaid applications before the Tribunal seeking issuance or direction to the respondents to send them for the Diploma Course in Forestry to a college or institute recognised by the Government of India, as provided for under the said proviso to the Note. A Division Bench of the Tribunal which considered the said applications, took the view that the decision in the case of Rajshekharan (supra) required reconsideration. by a Full Bench of the Tribunal. Consequently, that Division Bench referred the application for being decided by a Full Bench of the Tribunal. Subsequently, a Full Bench of the Tribunal, which heard the said applications, no doubt found that the view taken by a Division Bench of the Tribunal in Rajshekharan case (supra) to the effect that the proviso to Note concerned required selection of a candidate who had completed the Rangers Forest Training Course from different colleges or institutions on merit was incorrect, but took the view that the Note and the proviso in the Schedule to Rule 2 to the Rules, relating to recruitment of Assistant Conservators of Forests, required selection of candidatures for Diploma Course in Forestry only from amongst the Range Forest Officers, who were eligible for promotion to the higher cadre of Assistant Conservators of Forests. It made an order accordingly on 23-8-1991. that order, has now been impugned in the two sets of Civil Appeals filed by the parties to the applications, on either side, as stated at the outset.
(3.) WE have heard the arguments of learned counsel for the parties in the appeals. The question which calls to be considered and answered in deciding the appeals in the light of the said arguments, could be formulated thus: When does a Range Forest Officer become eligible under the proviso to the Note in the provision relating to recruitment of Assistant Conservators of Forests in the Schedule to Rule 2 of the Rules, for being sent as a candidate to Diploma Course in Forestry in a Forest Research Institute or College either established or recognised by the Government of India. Since the answer to the said question has to depend on the construction to be placed by us on the proviso to Note relating to the provision of recruitment of Assistant Conservators of Forests in the Schedule to Rule 2 of the Rules, that provision, insofar as it is material, is reproduced :"SCHEDULE JUDGEMENT_260_SUPP3_1995Html1.htm ;