Mohammad Rafiq, J. - (1.) THIS writ petition was filed by petitioner, who was Forest Guard, in the year 1997 praying therein for a direction to respondents to give benefit of promotion to him to the post of Assistant Forester because he got first position in final examination conducted by Forest Training Center, in terms of Rule 21 of the Rajasthan Forest Subordinate Service Rules, 1963, with all consequential benefits; further prayer has been made for a direction to the respondents to make such provision and consider him for promotion to post of Assistant Forester in terms of Rule 21 of the said Rules since he secured first position in 1982 batch of Forest Guard Training.
(2.) IT is contended that the aforesaid Rule seeks to make a hostile discrimination as against a candidate who stands at first position while undergoing training in same Training School i.e. State Foresters Training School, yet, he is not granted incentives as granted in the case of Forester, who stand first in the final examination conducted by Forest Training Center. Shri Sandeep Saxena, learned Counsel for petitioner, in this connection referred to Rule 21 of the said Rules to press his argument and submitted that when a forester standing first in the final examination of a State Foresters Training School is exempt from the conditions regarding age limit and qualifying examination, respectively, if he has less than 10 years of service and he is deputed by the State Government for training without being required to appear before the Commission for interview, the same incentive be extended to petitioner who stood first in the Training, as is evident from the Certificate dated 03.12.1996 (Annexure -4).
(3.) SHRI Gajanand Manav, learned Deputy Government Counsel appearing for respondents, opposed writ petition and submitted that grant of incentives and making of provision like that, is a matter of legislative policy and, if the Rule Making Authority has restricted such incentive to be accorded to Foresters, the petitioner, who was merely a Forest Guard, cannot on that analogy claim same benefit particularly when he holds lower post.;