Madras HC strikes down amendment to forest subordinate service rules

The judge held that leaving out PGs of wildlife biology from giving preferential treatment is a "clear violation of Articles 14 and 16 of the Constitution of India.
Madras High Court. (File photo)
Madras High Court. (File photo)

CHENNAI: The Madras High Court has struck down the amendment made to rules governing recruitment to subordinate services in the Tamil Nadu Forest Department and ordered bringing back the provision for giving preferential treatment to PGs of wildlife biology.

"The amendment in Rule 5(1) (a) in Tamil Nadu Forest Subordinate Services Rules is illegal, unconstitutional and discriminatory," ruled Justice GK Ilanthiraiyan in a recent order. He directed the authorities concerned to restore the original position in Rule 5 (1) (a) with the inclusion of a PG degree in wildlife biology along with forestry within a period of four weeks.

The order was passed recently on petitions filed in 2012 by four PG degree holders in wildlife biology, including K Senthil Kumar, seeking the court to declare the amendment made to the rules by including graduation in forestry but leaving out PGs in wildlife biology for preferential treatment in appointments. The amendment was made in 2010. They had also submitted that no preferential treatment was given in the recruitment of assistant conservators of forests.

The judge held that leaving out PGs of wildlife biology from giving preferential treatment is a "clear violation of Article 14 and 16 of the Constitution of India, thereby, depriving the rights of persons with PG degree in wildlife biology."

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