Excelsior Correspondent
JAMMU, Sept 26: The Central Administrative Tribunal (CAT) has stayed the selection process in pursuance to Advertisement Notice No. 04.2022 dated 27.07.2022 to the extent of filling up of posts of Forester (Jammu Division). In the mean time, the respondents are at liberty to conclude the pending recruitment rules amendment process.
The order has been passed in a petition filed Pardeep Singh for setting aside the impugned Advertisement Notification No. 04.22 dated 27.07.2022 issued by the Service Selection Board in so far as same relates to the post of Forester, Jammu Division, figuring at serial No. 193 and also seeking direction to the Service Selection Board to provide minimum qualification for direct recruitment to the post of Forester as Bachelors Degree in Science or equivalent qualification with at least one of subject in Forestry, Botany, Zoology, Agriculture, Bio-Technology, Environmental Science, Horticulture, Science Subject.
During the course of hearing, Senior Advocate Sunil Sethi assisted by Advocate Ravi Abrol submitted that vide Notification No. 4 of 2022 dated 27.07.2022, various posts, including that of Forester at Serial No. 9/Item No. 193 were advertized. The qualification prescribed for the post of Forester is 10+2 or equivalent qualification with science subject.
The Rule providing minimum qualification for the direct recruitment to the post of Forester as 10+2 or equivalent with science subject was challenged by some candidates possessing professional qualification of Forestry before High Court by way of filing SWP No. 2332 of 2017 titled Mohd Yousuf Ganai & Ors Vs State of Jammu and Kashmir and Ors.
The High Court vide order dated 14.12.2017 while taking the statement of Senior Additional Advocate General on record directed the respondents to conclude the process initiated for amending the recruitment rules for the post of Forester in terms of communication dated 15.11.2017 by not later than six months.
It was also directed by the High Court that since the respondents are in the process of amending the recruitment rules for the post of Forester (Direct Recruitment), they shall also ensure that the concern, as projected by petitioners in the writ petition, is well registered and addressed to. The Writ Petition was accordingly disposed of by the High Court.
It has been further submitted by Senior Counsel that as the respondents had themselves committed in the judgment that they would amend the recruitment rules for the post of Forester in terms of communication dated 15.11.2017, they were duty bound to implement the same. The respondents had sought and were granted six month’s time to bring the requisite change. However, even after a lapse of more than five years, they have not done the needful.
On the contrary, they have issued fresh Advertisement Notification No. 04 of 2022 dated 27.07.2022 prescribing the same qualification of 10 + 2 which was there in the earlier notification.
On the other side AAG Rajesh Thappa appearing for the respondents submitted that as the process of amendment of recruitment rules has not yet been completed, Advertisement Notification No. 04 of 2022 dated 27.07.2022 has been issued on the basis of existing recruitment rules. The notification does not preclude the applicants from applying, even if they have qualification higher than 10 + 2. He prays for some time to verify the status of amendment process of recruitment rules pertaining to the post of Forester.
After hearing both the sides, Suresh Kumar Batra, Judicial Member of CAT observed, “looking into the facts and circumstances of the case, a prima facie case for grant of interim relief is made out”. Accordingly, interim relief was granted and notice issued to the respondents returnable within four weeks.
CAT also directed respondents to file counter affidavit within three weeks and ordered that the selection process in pursuance to Advertisement Notice No. 04.2022 dated 27.07.2022 to the extent of filling up of posts of Forester (Jammu Division) figuring at Serial No. 193 shall remain stayed. However, in the mean time the respondents are at liberty to conclude the pending recruitment rules amendment process, the CAT added.
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