Alok Anand vs State Of Jharkhand
2024 Latest Caselaw 9871 Jhar

Jharkhand High Court

Alok Anand vs State Of Jharkhand on 4 October, 2024

Author: Deepak Roshan

Bench: Deepak Roshan

       IN THE HIGH COURT OF JHARKHAND AT RANCHI

                       W.P.(S) No. 2058 of 2021

1. Alok Anand, aged about 24 years, Son of Sri Sachidanand Choudhary,
Resident of Bhairawi Boy's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. Kanke, Dist. Ranchi/ Jharkhand.
2. Divyanshu Kunwar, aged about 22 years, Son of Sri Amresh Kunwar,
Resident of Bhairawi Boy's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. Kanke, Dist. Ranchi/ Jharkhand.
3. Amber Afshan Shikoh, aged about 23 years, Daughter of Dr. Dara
Shikoh, Resident of New Girl's Hostel, College of Forestry, Birsa
Agricultural University, Kanke, P.O., P.S.- Kanke, Dist. Ranchi/ Jharkhand.
4. Varsha Kujur, aged about 22 years, Daughter of Sri Manna Tana Bhagat,
Resident of Girl's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. Kanke, Dist. Ranchi/ Jharkhand.
5. Saurav Kumar, aged about 25 years, Son of Sri Shankar Yadav, Resident
of Bhairawi Boy's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. Kanke, Dist. Ranchi/ Jharkhand.
6. Sushmita, aged about 24 years, Daughter of Sri C.L. Giri, Resident of
Resident of New Girl's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. Kanke, Dist. Ranchi/ Jharkhand.
7. Alok Ranjan, aged about 23 years, Son of Sri Satyendra Singh, Resident
of Bhairawi Boy's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. - Kanke, Dist. Ranchi/ Jharkhand.
8. Nitika Tirkey, aged about 22 years, Daughter of Sri Basant Tirkey,
Resident of New Girl's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, PO, PS-Kanke, Dist.Ranchi/Jharkhand
9. Nandni Priya, aged about 20 years, Daughter of Sri Parmanuj Pandey,
Resident of New Girl's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. - Kanke, Dist. Ranchi/ Jharkhand.
10. Beenu Sinha, aged about 22 years, Daughter of Sri Vijay Pratap Sinha,
Resident of New Girl's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. Kanke, Dist. Ranchi/ Jharkhand.
11. Deepak Kumar, aged about 24 years, Son of Sri Prem Sagar Prasad
Singh, Resident of Bhairawi Boy's Hostel, College of Forestry, Birsa
Agricultural University, Kanke, P.O., P.S. Kanke, Dist. Ranchi/ Jharkhand.
12. Jyoti Kumari, aged about 23 years, Daughter of Sri Dinesh Kumar
Roy, Resident of New Girl's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. - Kanke, Dist. Ranchi/ Jharkhand.
13. Hassan Shafique, aged about 21 years, Son of Shafiqullah, Resident of
Bhairawi Boy's Hostel, College of Forestry, Birsa Agricultural University,
Kanke, Р.О., Р.S.- Kanke, Dist. Ranchi/ Jharkhand.
14. Aman Kumar, aged about 21 years, Son of Sri Jitender Kumar Gupta,
Resident of Bhairawi Boy's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. - Kanke, Dist. Ranchi/ Jharkhand.

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 15. Himanshu Mahato, aged about 22 years, Son of Jitendra Nath Mahto,
Resident of Bhairawi Boy's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. Kanke, Dist. Ranchi/ Jharkhand.
16. Arvind Oraon, aged about 19 years, Son of Sri Mahadev Bhagat,
Resident of Bhairawi Boy's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. Kanke, Dist. Ranchi/ Jharkhand.
17. Akash Kumar, aged about 22 years, Son of Sri Mahesh Kumar,
Resident of Bhairawi Boy's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. - Kanke, Dist. Ranchi/ Jharkhand.
18. Laxmi Kumari, aged about 21 years, Daughter of Subodh Kumar,
Residents of Prakriti Bhawan Girl's Hostel, College of Forestry, Birsa
Agricultural University, Kanke, PO, PS-Kanke, Dist.Ranchi/Jharkhand
19. Sneha Kumari, aged about 19 years Daughter of Sri Baleshwar Prasad
Roy, Residents of Prakriti Bhawan Girl's Hostel, College of Forestry, Birsa
Agricultural University, Kanke, P.O., P.S. Kanke, Dist. Ranchi/ Jharkhand.
20. Ishan Parasar, aged about 21 years, Son of Dr. R.S.P. Singh, Resident
of Bhairawi Boy's Hostel, College of Forestry, Birsa Agricultural
University, Kanke, P.O., P.S. - Kanke, Dist. Ranchi/ Jharkhand
                                                          ... ... Petitioners
                               Versus

1. State of Jharkhand.
2. The Chief Secretary to the State of Jharkhand, Project Building, First
Floor, Dhurwa, P.O. Dhurwa, P.S. Dhurwa, Dist. Ranchi/ Jharkhand.
3. The Principal Secretary, Department of Personnel and Administrative
Reforms, Govt. of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S.
Dhurwa, Dist. Ranchi/ Jharkhand
4. The Secretary, Department of Forest, Environment and Climate Change,
Govt. of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Dhurwa,
Dist. Ranchi/ Jharkhand.
5. The Vice Chancellor, Birsa Agricultural University, Kanke, P.O. Kanke,
P.S. Kanke, Dist. Ranchi/Jharkhand.
6. Dean, College of Forestry, Birsa Agricultural University, Kanke, P.O.
Kanke, P.S. Kanke, Dist. Ranchi/Jharkhand              ... ... Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Petitioners           :Mr. Saurav Arun, Advocate
                               Ms. Sharon Kerketta, Advocate
                               Ms. Ayushi, Advocate
                               Mr. Bhanu Kumar-I, Advocate
For the Respondent-State      : Ms. Divya, AC to SC-III
For the Respondent Nos. 5 & 6 : Mr. A. Allam, Sr. Advocate
                                Miss Sushmita Kumari, Advocate
                                Mrs. Asfia Sultana, Advocate
                               --------

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                                     JUDGMENT

CAV on 31/07/2024 Pronounced on 04/10/2024

The instant writ application has been preferred by the petitioners for the following reliefs:

"a) Mandamus commanding upon the Respondent authorities to frame recruitment policy by giving benefit of Reservation of 50% of the vacancy for the post of Range Forest Officer and Assistant Conservator of Forest made for graduate in Forestry Science, since the post of Range Forest Officer and Assistant Conservator of Forest are technical and specialized post for maintaining forest and environment in the state, and earmark 50% vacancy for them being final year student or graduate in forestry since done 4 year course and filled up to post through direct recruitment amounts to the B.Sc graduates by giving 50% weightage.

b) Petitioner further prays for direction upon the Respondent to act strictly in terms of National Forest Policy, National Forest Commission report as well as the committee constituted earlier for giving the benefit of 50% reservation to the forestry graduate in the matter of direct recruitment in the State Forest and Environment Department and also prays giving effect to the draft rule framed in this regard which has not given effect till date.

c) Petitioner further prays for consideration of their case in the light of the Rule already framed by the state of Karnataka, Jammu and Kashmir, Kerala, Himachal Pradesh, Orrisa, Tamil Nadu, Gujarat, and Mizoram in terms of National Forest Policy, National Forest Commission by giving weightage to the Forest Graduates in the matter of direct recruitment."

2. Heard Mr. Saurav Arun, learned counsel for the petitioners and Mr. Sreenu Garapati, learned SC-III assisted by Ms. Divya, learned AC to SC-III.

The petitioners are the students of B.Sc. Forestry admitted through Jharkhand Combined Entrance Competitive Examination Board (in short, JCECEB). All the petitioners are to pursue their 4-year course of Forestry.

3. At this stage itself it is profitable to refer the "National Forest Policy, 1988" which clearly speaks that the "Forestry should be recognized both as scientific discipline as well as a profession. Agricultural University and institution dedicated to the development of Forestry education should formulate Curricula and courses for imparting academic education and promoting post graduate research and professional excellence, keeping in view the man power needs of the country. Academic and professional qualification in Forestry should be kept in view for recruitment to the Indian Forest Services and the State Forest Services. Specialized and orientation course for developing better

management skill by service training needs to be encouraged taking into account the latest development in the "Forestry and related discipline"

and further as per the National Forest Policy the Central Government requested that a proper legislation should be undertaken, supported by adequate Infrastructure of the Center and State levels in order to implement the policy effectively.

The National Forest Report of 2006 highlighted that the professional knowledge of field staff was insufficient, particularly regarding procedural matters. It recommended prioritizing professionalism within the Forest Department and suggested that Forest Officers should be selected based on university-level forestry education. Furthermore, it advised that Forest Rangers should be recruited among B.Sc. Forestry graduates.

4. From record it appears that a meeting was held on 18.05.2009 where decision was taken to give 50% weightage to the fresh B.Sc. forestry graduates. It also appears that draft of Jharkhand Forest Service Rule 2011 was prepared but the same has not been given effect till date.

It has been stated by the petitioners that they filed representation before the State for giving weightage in view of the Rule already framed by other State for giving appointment to forestry graduates. Currently, 15 universities in the Country offer B.Sc. in Forestry. Notably, Birsa Agricultural University in Ranchi has been providing this degree since 1981.

5. It is further evident from perusal of available records that a committee chaired by the Chief Secretary recommended 50% reservation for Forestry graduates in these roles vide its Letter No. 1328 dated 25.05.2007. However, despite the college being the first Forestry institution in Asia, its significance is not being recognized by the respondents.

It has been also stated that in this regard, petitioners have submitted representations to the authorities on 29.06.2013 and 03.10.2015.

From perusal of records, it also appears that the States such as Karnataka, Jammu and Kashmir, Kerala and Orissa have already established rules providing weightage in their forest service recruitment but the State of Jharkhand has yet to take an action despite the recommendations made by the Committee. It is noted that several states have taken steps to recognize and provide weightage for candidates with a B.Sc. in Forestry. The State of Tamil Nadu added weightage for B.Sc. Forestry graduates in its Forest Subordinate Service Rules; whereas Gujarat provided 25% reservation for B.Sc. Forestry graduates in direct recruitment as of 18.05.2009. The State of Mizoram has also included 25% reservation for B.Sc. Forestry graduates in its 2016 Recruitment Rules and Nagaland reserved 50% of Assistant Conservator of Forest positions for candidates with B.Sc. or M.Sc. degrees.

6. It further appears that the Guwahati High Court in WP(C) No. 162(AР)/2017 ordered that 50% of vacancies were to be reserved for Forestry Graduates. In accordance with the order passed by the Guwahati High Court, the Arunachal Pradesh Service Commission, Itanagar, reserved posts for Forestry Graduates on 29.06.2018.

It further transpires that the Birsa Agricultural University recommended the Hon'ble Chancellor and the Secretary of the Forest and Environment Department to provide weightage to their students and the draft rule has already been framed, but it has not been implemented till date.

7. It is relevant to indicate here that the in the National Forest Commission Report it has been stated that the professionalism should be given priority and Department of Forest should take advantage of Forest Education and recruitment should be from among B.Sc. Forest graduate as there being a serious shortage of forest staff at the field level. Hence, the Commission has recommended to provide the weightage to the Forestry graduate.

As stated hereinabove, a meeting was held on 30.04.2007

under the Chairmanship of Secretary, Personal, Administrative Reforms and Rajbhasa Department, Jharkhand for giving the benefit/weightage of the 50% to the B.Sc. Forestry graduate and accordingly a draft rule in 2011 has been prepared but has never been given effect to. The advertisement from the other State giving weightage to B.Sc. Forestry graduates and the order issued by the Guwahati High Court in W.P.(C) No. 162(AP) of 2017 supports granting weightage to B.Sc. Forestry graduates. But unfortunately, no decision has been taken till date in spite of the fact that a recommendation was made by Birsa Agriculture University to the Hon'ble Governor as well as to the Department of Forest and Environment.

8. It is also evident from record that in Birsa Agriculture University there are 3 wings of Department i.e., Agriculture, Animal Husbandry & Forestry and the weightage is being given by framing Rule on 10.03.2014 and on 30.11.2013 respectively for the Department of Agriculture and Animal Husbandry but no rule has been framed yet for the Department of Forestry though Draft rule has been framed but not given effect till date. This fact of Ex-facie discrimination in the same university amongst department of Agriculture, Animal Husbandry & Vis-à-vis the department of Forestry which strikes at the very ethos of the notion of equality as enshrined in the Article 14 of the Constitution of India.

In view of the aforesaid facts and circumstances of this case in order to redress the violation of Article 14 of Constitution of India, petitioners are entitled for protection on point of discrimination which is in utter violation of Article 14 of Constitution of India within the same university as well with other State.

9. Accordingly, the instant writ application is hereby, disposed of by directing the concerned respondents to frame recruitment policy by giving benefit of Reservation in the vacancy for the post of Range Forest Officer and Assistant Conservator of Forest made for graduate in Forestry Science, since the post of Range Forest Officer and Assistant Conservator of Forest are technical and

specialized post for maintaining forest and environment in the State, and earmark vacancy for them as they being final year student or graduate in forestry since have done 4 years course, by giving weightage; keeping in mind the terms of National Forest Policy, National Forest Commission report as well as the fact that the committee constituted earlier for giving the benefit of 50% reservation to the forestry graduate in the matter of direct recruitment in the State Forest and Environment Department for which the draft rules have already been framed in this regard which has not been given effect till date, coupled with the fact that other States have already implemented in accordance with the National Policy in this regard of giving weightage to the Forest Graduates in the matter of direct recruitment.

(Deepak Roshan, J.)

Jharkhand High Court, Ranchi Dated: 04 /10 /2024 Amit

AFR/NAFR