Allowed

Damini Sharma v. State of Chhattisgarh

Chhattisgarh HC5 Oct 2018WPPIL/19/2018

Case brief

AI extract

What is this about?

Students of Forescopy filed a PIL against the State of Chhattisgarh, arguing that recruitment for the State Forest Department should favor specialists over generalists to ensure effective forest management and align with the National Forest Policy 1988.

What did the court decide?

Priors to amend rules or policy to allow hiring of students with specialization in Forestry and to take a decision on the same within a reasonable time.

Damini Sharma Vs State of Chhattisgarh — Public Procurement and Tenders | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPPIL No. 19 of 2018

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Damini Sharma D/o Jivrakhan Sharma Aged About 24 Years Studying At Guru Ghasidas Vishvavidhlaya Bilaspur , R/o Muktidham Chowk , Sarkanda , Tehsil And District Bilaspur Chhattisgarh.

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Aman Kumar S/o Bhagwan Keshwar Prasad Aged About 22 Years Studying At Guru Ghasidas Vishwavidhlaya Bilaspur R/o Of Boys Forestry Hostel Guru Ghasidas Vishwavidhlaya Tehsil And District Bilaspur Chhattisgarh.

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Pankaj Singh S/o Bharat Singh Aged About 26 Years Studying At Guru Ghasidas Vishwavidhlaya Bilaspur R/o Near Sai Mandir Badi Koni Bilaspur Chhattisgarh.

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---- Petitioners

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Versus

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State Of Chhattisgarh Through Its Principal Secretary, Mantralaya Mahanadi Bhawan New Raipur District Raipur, Chhattisgarh

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Secretary , Forest And Culture Department Mantralaya Mahanadi Bhavan Naya Raipur District Raipur Chhattisgarh.

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Indian Council Of Forestry Research And Education, An Autonomous Body Of Ministry Of Environment And Forests , Government Of India , Through Its Director General ICFRE , Post Office New Forest Dehradoon Uttarakhand.

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Chhattisgarh Public Service Commission , Raipur Through Its Secretary C G P S C Raipur, Chhattisgarh

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---- Respondents

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For Petitioners	: Mrs. Hamida Siddique, Advocate
For Respondent Nos.1 & 2	: Mr. A.S.Kachhawaha, Additional Advocate General.
For Respondent No.3	: None.
For Respondent No.4	: Miss Sharmila Singhai, Advocate

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Hon'ble Shri Ajay Kumar Tripathi, CJ Hon'ble Shri Parth Prateem Sahu,J

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Order on Board

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Per Ajay Kumar Tripathi, CJ

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05/10/2018

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The reason for these petitioners, who are students of Forestry, to file present Public Interest Litigation is that the State of Chhattisgarh is still insisting on recruiting generalists instead of specialists in the State Forest Department. It cannot be anybody's case now that the management of forest resources of any State have to be now better protected and managed to hold on to the resources which are available. The Court would not be hesitant in saying that the awareness towards protection, maintenance, preservation and restoration of forest to maintain ecological balances has been brought into focus by the judicial intervention and a National Forest Policy, 1988 was notified by the Central Government.

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Corresponding measures have been taken by most of the other States so the State of Chhattisgarh cannot be seen to be lagging behind since the State is fortunate to be bestowed with significant forest cover.

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The courses and the syllabus, which may have been laid down earlier and incorporated in the Rules, especially Chhattisgarh Van Seva (Sanyukt) Pariksha, 2017 read with Rules, 2014, would be required to be suitably amended and brought in conformity with the needs of the hour as well as the National Forest Policy, 1988 which wants specialized course in Forestry to be included in the curriculum of various Universities so that said students with specialized knowledge could be hired for better implementation, enforcement and preservation of forest.

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The issue raised by the petitioners therefore in the present writ application does require a re-visit by the authorities of the State of Chhattisgarh and prayer made herein cannot be said to be misplaced.

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Writ application therefore stands disposed off with a direction upon the

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Chief Secretary, Government of Chhattisgarh, Raipur as well as Principal Secretary, Department of Forest and Principal Secretary, Department of General Administration to sit together and take a decision as to what would be required to be done by way of amendments and changes in the existing rules or policy to give opening to the students who have specialization in Forestry. Such a decision should be taken by the State authorities within a reasonable time frame.

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Sd/Sd/(Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge

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roshan/-

Damini Sharma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Damini Sharma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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