Constitution of India: Art. 166 – Conduct of business of the Government of a State – Circular order dated 17.10.1997 in undivided State of M.P, granted entry in the Ranger’s training to the candidates who stood first in the Forest Guard training schools without entrance – Subsequent to enactment of State Reorganisation Act, 2000, State of Chhattisgarh was formed – However, the circular of the undivided State of M.P continued – Appellant No. 1, who was undergoing training as Forest Guard stood first in the training and felt entitled to be selected for training as Forester, on the basis of the order dated 17.10.1977 – Thereafter, writ petition filed seeking direction that the appellant No. 1 be sent for Forester training – Thereafter, decision taken to send the appellant no 1 for Ranger’s training – Challenge to, by the respondent no.1 contending that the circular order dated 17.10.1997 stood withdrawn by circular order dated 14.12.2009 issued by Govt. of Chhattisgarh which provides two additional increments to the trainees who stood first in the Forest Guard training instead of the earlier incentive of sending them for training as Ranger/Forester – Dismissed by the High Court – Division Bench set aside the said order on the ground that circular dated 17.10.1997 was withdrawn by order dated 14.05.2009 – In appeal before this Court, case of the appellant that the earlier circular made by Governor is withdrawn only on 11.06.2012 – Held: Judgment of the Division Bench cannot be sustained – Communication dated 14.12.2009 is not an order of the Governor or expressed to be made in his name – This communication does not bear the insignia of a Government Order – Whereas, the communication dated 11.06.2012 recalling the appellant from the Ranger’s Training contained two specific signs that it is expressly made in the name of the governor and that it specifically revoked the communication dated 17.10.1977 – M.P. Class III (Non–Minstl.) Forest Service Recruitment Rules, 1967 – r. 14(1) & r. 6(4). Bachhittar Singh v. State of Punjab and Another AIR 1963 SC 395: [1962] Suppl. SCR 713; K.S.B. Ali v. State of Andhra Pradesh and Others (2018) 11 SCC 277: [2017] 12 SCR 698; Dyna Technologies Pvt. Ltd. v. Crompton Greaves Limited (2019) 20 SCC 1 –
referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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