Alok Sharma ORDER
Alok Sharma, J.
1. A challenge has been made to the order/letter dated 19.08.2013 under the hand of the Chief Forest Conservator and Chief Forest Wildlife Conservator, Jaipur to the Forest Conservator, Ranthambhore Tiger Project, Sawai Madhopur relating to the induction of additional nature guides after due training in the Ranthambhore Tiger Project Area, Sawai Madhopur.
2. The case of the aggrieved petitioner-Association is that its 103 members are already working as nature guides in Ranthambhore National Park/Sanctuary, Ranthambhore Tiger Reserve, Sawai Madhopur (hereinafter "the Sanctuary"). Under Section 54 of the Wild Life (Protection) Act, 1972 (hereinafter "the Act of 1972"), permits for entering the Sanctuary are issued on the terms and conditions prescribed. Vehicles are also registered for entry in the Sanctuary. During the off season 80 such registered vehicles with tourists are allowed entry each day and during the tourist season 110 vehicles. Each vehicle carries a nature guide on the basis of a roster system.
3. The Chief Conservator of Forest and Chief Wild Life Warden issued an order dated 24.06.2011 whereby certain guidelines were set out for allowing entry into the Sanctuary. It has been submitted that Clause 4.3.4 of the order dated 24.06.2011 inter alia provides that each year the requirement of nature guides will be evaluated by the licencing authority i.e. the Deputy Conservator of Forest, Ranthambhore Tiger Reserve, Sawai Madhopur three months prior to the commencement of the tourist season and information in regard thereto affixed on the notice board of the office of the licencing authority. Counsel submitted that in breach of Clause 4.3.4 of the order dated 24.06.2011, the respondents are determined, as apparent from the impugned order dated 19.08.2013, to allow influx of ill-qualified nature guides into the Sanctuary. It has been submitted that tourist guides as the private respondents are, without proper training as a nature guide ought not to be inducted in the Sanctuary and overcrowd it. It has been further submitted that optimum requisite number of the nature guides are presently available with work on an average only of 10 to 15 days each month and in the event additional nature guides were to be allowed entry into Sanctuary, the members of the petitioner-Association would stand deprived of their livelihood. In the circumstances, the decision reflected in the impugned order dated 19.08.2013 is contrary to the order dated 24.06.2011 and ultra vires the provisions of the Act of 1972 whereunder the Chief Wild Life Warden alone is empowered to determine the number of nature guides required in the Sanctuary and the terms and conditions of the issue of entry permits into the Sanctuary.
4. The case set up by the petitioner-Association has been opposed by the State Government. So too by the private respondents, trained nature guides seeking licence as nature guides in the Sanctuary. The learned AAG has pointed out that in the circumstances a decision was taken at the level of the Chief Secretary in a meeting of 17.12.2013 that even though 19 tourist guides who had been trained as nature guides would be entitled to grant of licence in that capacity in the Sanctuary/Ranthambhore Tiger Project Area, for a period of three year following no additional nature guides would be inducted. The AAG submitted that the State Government is conscious both of preventing overcrowding in the Sanctuary/Ranthambhore Tiger Project Area as also ensuring that potential over supply of nature guides does not render the job totally unviable. It has been submitted that for one, the petitioner-Association has no locus standi to challenge the order dated 19.08.2013 as they already ensconced as nature guides in the Sanctuary are commercial competitors of private respondents and seek to obstruct their entry as nature guides only with the intent to monopolise such work in the Sanctuary. It has been further submitted that this Court should not interfere with the policy decision of the State Government to allow guides registered with the........