Awadhesh Kumar Tripathi vs State of M.P. and Others

Rajendra Menon, J.—Petitioner''s appointment on the post of untrained Forest Guard has been rejected only on the ground that petitioner is a candidate who has passed the qualifying examination from an Institute/Board situated in the State of U.P. and, therefore, is not eligible. The said question with regard to eligibility of a candidate who has passed the High School Examination from the Education Board U.P. and their entitlement to seek appointment has been considered and decided by this Court in various writ petitions decided on 11.9.2012 in W.P. No. 14565/2010(s), W.P. No. 14532/2010(s), W.P. No. 14580/2010(s) and W.P. No. 14585/2010(s) and after taking note of orders passed by a Division Bench of this Court on 4.1.2006 in W.P. No. 4511/1999 (State of M.P. v. Ritesh Kumar Sharma & Ors.) and another judgment in the case of Sourabh Singh v. State of M.P. & Ors., ILR 2009 MP 1893, this writ petition has been decided.

That apart, another order passed on 30.8.2012 in W.P. No. 17674/2011 (Ram Sharan Tiwari v. State of MP. & Ors.) was also considered and question of appointment on the post of Untrained Forest Guard has been decided by this Court.

In view of the orders already passed by a Bench of this Court with regard to the same recruitment process in the case of Ram Sharan Tiwari (Supra) and Ram Kumar Tiwari (Supra), there is no reason to take a different view in the matter on the grounds already indicated in the cases referred to hereinabove.

Accordingly, the petition is allowed and the impugned action is quashed. Respondents are directed to proceed in the process of selection/appointment in accordance with select list and ensure that necessary orders with regard to the appointment of the petitioners are passed within a period of two months, all consequential benefits accruing to the petition as already directed in the cases of Ram Sharan Tiwari (Supra) and Ram Kumar Tiwari (Supra) be also granted to the petitioner and all the accruing benefits thereto similar in nature be extended to the petitioner in accordance with law.

With the aforesaid, the petition is allowed and disposed of. Certified Copy as per rules.