R SAMBA MURTHY Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH
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Gopal Rap Ekbote, J. -
(1.)This is an appeal from the judgment of our learned brother,
Chinnappa Reddy, J., given in W.P. No.
1410 of 1965 on 31st July, 1968 whereby
the learned Judge dismissed the writ
(2.)The matter arises thus : The petitioner was recruited as a Forest Ranger
in 1944. He was regularised, after training,
in 1956. He possessed the qualifications
for being considered to the next higher
post of Assistant Conservator of Forests.
While the post of Forest Ranger is a
non-gazetted post, the post of Assistant
Conservator of Forests is a gazetted
post. The complaint of the petitioner
is that although he was qualified to be
considered for the post of Assistant Conservator of Forests and although he was
senior, for the last many years he has
been overlooked. At least once the
Public Service Commission had recommended his name. But subsequently the
Public Service Commision itself withdrew the recommendation. It is because
of these facts that he filed the Writ
Petition under Article 226 of the Constitution for the issue of a writ of certiorari
to quash the order of the Chief Conservator of Forests, Government of
Andhra Pradesh, dated 16th March, 1964,
whereunder he was told that the post
of Assistant Conservator of Forests is
a selection post and that his case will be
considered as and when vacancies arise.
(3.)The learned Judge dismissed the
writ petition holding that it is a selection
post and the right which the petitioner
has is only to be considered and therefore,
refused to issue the writ of certiorari.
It is this view that is now challenged in
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