- (1.)BY this writ petition preferred under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of an appropriate writ for commanding the respondents to give admission to the petitioner in the course of Forest Ranger Course granting age relaxation under Rule 56 of Entrance and Training Rules for Forest Rangers Course (in short 'the Rules'),.
(2.)THE facts as have been unfolded are that the petitioner was directly selected as Deputy Ranger in the Forest Department under the M. P. Class-III (Non-Ministerial) Recruitment Rules, 1967 and at present he is working in M. P. Rajya Van Vikas Nigam at Sidhi. The next promotional post of Deputy Ranger is the Ranger. The Central Government made Rules in this regard and there are forest ranger colleges under the supervision of Inspector General of Forest. As per Rules 8. 1, 8. 2 and 8. 3 the candidates are sponsored by the State Government/autonomous bodies/public Sector/other institutions and their seats are reserved. Under the Rules there are four categories of trainees are included. Rule 9 lays down the procedure for allotment of seats by DFE, Rule 18 prescribes for selection of Departmental candidates including category mentioned in Rules 8. 1 and 8. 2,
(3.)ACCORDING to the writ petitioner the Central Government vide letter dated 12-10-2000 informed the M. P. Van Vikas Nigam Limited that one seat was allotted to their departmental candidate with conditions prescribed therein. The upper age limit is extended by seven years that is up to 35 years. The minimum qualification required is Intermediate Science of any State Education Board or University or its equivalent two or more of subjects such as Mathematics, Physics, Chemistry, Botany and Zoology. It is putforth that as per M. P. Class-III (Non-Ministerial Services) Recruitment Rules, a departmental candidate who is already in service may apply for Ranger Course if he has completed at least five years of service. The petitioner being a departmental candidate having requisite qualifications was selected by the respondent No. 2 for the Course as he stood first at State Forester Training School of M. P. in the year 1998-99. The petitioner's name was recommended by the Nigam to give him admission in the Forest Ranger Course. The respondent No. 2 requested to Director, Forest Education for grant of relaxation of age limit as the petitioner had crossed the age of 35 years. It is urged in the petition that Rule 56 gives power to grant relaxation in age limit. The respondent No. 2 agreed for payment of fee as per rules but the respondent No. 3 did not accede to the recommendation under Rule 56 and rejected the proposal. The said order of rejection has been brought on record as Annexure P-4. The respondent No. 2 informed the respondent No. 3 that as per practice department person who stands first is recommended for Forest Ranger Course and earlier in the same practice the admissions were given. It is also intimated that no other suitable candidate for the reserved scat was available and, therefore, the name of the petitioner should be considered. The respondent No. 3 did not reply to the same as a result of which the petitioner was compelled to visit this Court in W. P. No. 149/01 which was disposed of with a direction that the case of the petitioner should be considered in regard to the relaxation of age on merits. After the direction was given by this Court the respondent No. 3 rejected the petitioner's case relying on Rule 12. 2 and did not consider his case under Rule 56 which provide for relaxation.