Basant Singh v. Chief Conservator of Forest and Others

Mr. Ganesh Kandpal, D.A.G. for the State. Hon’ble Ravindra Maithani, J. (Oral) JUDGMENT The respondents appointed nature guides for Phato Eco Tourism Zone and Hathidagar Eco Tourism Zone falling in Tarai West, Forest Division, Ramnagar, District Nainital. The nature guides accompany the tourists, who visit those respective zones. On

15.05.2023, respondent no.2 issued a press communique by which applications were invited for registration of 20 more nature guides for Phato Eco Tourism Safari Zone, but the grievance of the petitioner began on 07.12.2024, when list of selected nature guides was published for both the Eco-Tourism Zones, namely, Phato Eco Tourism Zone and Hathidagar Eco Tourism Zone, including 154 nature guides and 50 nature guides were kept in the wait list. The grievance of the petitioner further began on 04.02.2025, when the respondent no.2 issued the guidelines to the nature guides with the directions that the nature guides may work on rotation basis. Challenge is made to the select list of 154 nature guides with 50 nature guides in the wait list, as well as the directions dated

04.02.2025, issued by the respondent no.2.

2. Heard learned counsel for the parties and perused the record. 2

3. Learned Senior Counsel appearing for the petitioner would submit that the petitioner is a registered nature guide for Phato Eco Tourism Zone; there are various guidelines for the nature guides; round the year, they do not get enough work; three months are peak season; for three months, the eco-tourism zone remains closed, and other months are weak season. She would submit that in Phato Eco-Tourism Zone, there are 50 gypsies, which run in the morning, 50 gypsies run in the evening, 25 more nature guides are required for night and daylight safari; total 125 nature guides may be deployed in a day for three months, when it is a peak season; now, by the select list dated 07.12.2024, 154 more nature guides have been selected working for both the zones, and, in fact, by the subsequent order dated 04.02.2025, it has also been provided that the duty shall be assigned on rotation basis.

4. The respondents have filed their objections to the interim relief application. During the course of hearing, with the consent of both the parties, this matter is heard finally.

5. The respondents have given a breakup of the selection and need for it. In Para 7, they have quoted as follows:- “7- At present the requirement of nature guides in Phato Eco Tourism Zone is as follows- 1- Morning and evening safari for phato zone – 100 2- Day visit safari for phato zone – 10 3- Night Stay for phato zone – 15 4- Morning and evening safari for Hathi danger zone -50 Hence total 175 Nature guides are to be required, for this purpose and 200 nature guides were selected keeping in mind the regular absence of some guide in each and every safari. Accordingly as per the decision of the committee dated 31.08.2024, under the notification issued on 15.05.2023, 100 nature guides were selected for Hathi Dagar Eco Tourism Zone and 54 nature guides for Phato Eco Tourism Zone, the result of which was declared on 07.12.2024. In view of the above following objections are being raised against the interim relief application:- i. It is neither a government service nor it does have any prescribed recruitment process. ii. As per the requirement at the tourism gates/aforesaid eco tourism zones, it is an attempt to provide maximum self employment to the local unemployed youths. 3 iii. There are only 46 nature guides for Phato gate as compared to 50 vehicles in the morning shift and 50 vehicles in the evening shift. Moreover, out of which most of them are remained absent. Due to which tourist vehicles have to go on safari without a guide, which is not appropriate and violation of the rules of ecotourism zone. iv. It is humbly submitted that to protect the tourists from wild animals as well as for the development of tourism in the aforesaid eco tourism zone, the numbers of nature guides are required to be engaged to provide safeguards to the tourists. It is pertinent to mention here that since there is schedule to visit the aforesaid eco tourism zone, according to which 50 safari vehicles are permitted for morning shift and 50 safari vehicles are permitted for evening shift. Apart from the aforesaid, full day visit is also permissible for the aforesaid eco tourism zone, for which the tourists may avail service through official website. It is further submitted that for the full day visit in the aforesaid eco tourism zone only 10 vehicles are permissible.”

6. Learned Senior Counsel appearing for the petitioner would submit that in case the respondents stick to what they have stated in Para 7, sub Para (ii), nothing remains in this petition. Except that, duties should not be rotated from one zone to another zone because the petitioner intends to work in the Phato Eco Tourism Zone, to which he had applied.

7. Learned State Counsel would submit that what is stated in Para 7, sub Para (ii) of the counter affidavit, the respondents would follow those averments. The selection of 100 nature guides is made for the Hathidagar Eco Tourism Zone and 54 nature guides for Phato Eco Tourism Zone. He would also submit that in case a nature guide, who is appointed for one Eco-Tourism Zone, does not intend to go in another Eco-Tourism Zone, he is free to do so. He would further submit that such rotation is given so as to give more employment to the nature guides.

8. What is stated in Para 7, sub Para (ii) of the objections of the respondents is that, “as per the decision of the committee dated 31.08.2024, under the notification issued on

15.05.2023, 100 nature guides were selected for Hathi Dagar Eco Tourism Zone and 54 nature guides for Phato Eco Tourism Zone, the result of which was declared on 07.12.2024”. 4

9. In view of it, on behalf of the petitioner, it is submitted that nothing survives in this petition except that the zones may not be changed.

10. A statement has been given by learned State Counsel that list of nature guides for separate zone has already been prepared. A nature guide selected for one Zone is deployed to another zone for giving him more job opportunities, but if some of the nature guides do not want to go to the another zone, they are free to do so.

11. The Court takes on record the statement given by learned State Counsel.

12. In view of the statement given by learned State Counsel, nothing survives in this petition. It stands disposed of, accordingly.

13. Pending applications also stand disposed of, accordingly. Ravi Bisht (Ravindra Maithani, J.)

01.04.2025