IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 24349 of 2010(P) -------------------------- PETITIONER(S): --------------------- BHASKARAN T.V., RESERVE FOREST WATCHER, FOREST RANGE OFFICE, KASARGOD. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, KASARGOD. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 24349 OF 2010 (P) ===================== Dated this the 12th day of August, 2010 J U D G M E N T The issue raised in this writ petition is regarding the upper age limit of 50 fixed in Ext.P1 Special Rules of appointment to the post of Forest Guards from among Forest Watchers and equivalent cadres. By judgment in WP(C) No.22096/10 dated 21st of July, 2010, this Court has already upheld the said prescription. Therefore, the issue in that respect is covered against the petitioner. 2. However, learned counsel for the petitioner raised an additional contention that Rule 5(a)(ii) of the Special Rules only provides that no Watcher, Lascar, Maistry or Peon in the forest department shall be eligible for appointment as Forest Guard if he has completed 50 years of age on the date of appointment and that so long as the rule does not specify that the ineligibility is for appointment as Forest Guard, it should be taken that the ineligibility is for appointment to the posts in the feeder category and not for the post of Watcher. However, I am not persuaded to accept the submission. In my view, the Rule is very clear and the WPC No. 24349/10 :2 : ineligibility based on the upper age limit can only be applicable for appointment as Forest Guard and not to any post in the feeder category. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp