Court Rules That Indian Forest Service (Probation) Amendment Rules, 2023, Apply Prospectively Without Violating Legitimate Expectations
In a significant judgment, the Delhi High Court has upheld the validity of the Indian Forest Service (Probation) Amendment Rules, 2023, which restrict probationers from appearing in the Civil Services Examination or any other open competitive examination during their training period. The court dismissed the writ petitions filed by Abhimanyu Singh and others, who challenged the amendment's applicability after joining their probationary training.
The bench, comprising Justices Anil Kshetarpal and Amit Mahajan, ruled that the amendment is prospective and does not infringe upon any vested rights or legitimate expectations of the probationers. The petitioners, who joined the Indian Forest Service training at the Indira Gandhi National Forest Academy in November 2023, contended that the amendment should not apply to them as they joined training before its notification.
The court noted that the prohibition on appearing in competitive exams during training was historically present under the Indian Forest Service (Probation) Rules, 1968, and its temporary omission by the 2017 amendment did not create a permanent right for probationers. The court emphasized that service rules are subject to change and that probationers cannot claim an immutable right to be governed by the rules in place at the time of their appointment.
The judgment clarified that the amendment is intended to ensure discipline and uninterrupted training, and does not amount to arbitrariness or illegality. The court further stated that the scope of interference under Article 226 of the Constitution is limited to jurisdictional errors or manifest illegality, neither of which was present in this case.
The court also dismissed the petitioners' argument of legitimate expectation, stating that it cannot override statutory provisions. The option for deferment or exemption from training, provided to probationers who wished to appear in the Civil Services Examination, was highlighted as a reasonable measure by the respondents.
The ruling reinforces the principle that service conditions, including probationary training, are dynamic and can be regulated by statutory amendments. This decision is seen as a reaffirmation of the government's authority to amend service rules in the interest of maintaining discipline and ensuring efficient training.
Bottom Line:
Service Law - Applicability of amended service rules to probationers - Probationers cannot claim a vested right to be governed by the rules prevailing on the date of their appointment if amendments are validly made during the period of probation.
Statutory provision(s): Indian Forest Service (Probation) Rules, 1968, Indian Forest Service (Probation) Amendment Rules, 2023, All India Services Act, 1951, Article 14 of the Constitution of India, Article 226 of the Constitution of India.
Abhimanyu Singh v. Union of India, (Delhi)(DB) : Law Finder Doc Id # 2837424
