Case Note & Summary
The petitioner, Anup S/o. Ashok Pahade, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging the refusal of respondents 2 and 3 (Mahanirmiti, Maharashtra State Power Generation Company Ltd.) to issue an appointment order for the post of Junior Engineer Group-D under the sports quota. The respondents had published an advertisement on 17.10.2016 for direct appointment to the posts of Assistant Engineer Group-C and Junior Engineer Group-D, with 5% reservation under the sports quota. As per Government Resolution dated 30.04.2005, a candidate who individually or with a team secured 1st, 2nd, or 3rd position or won gold, silver, or bronze medal in State, National, or International competition is eligible to apply, subject to receiving a validity report of the certificates from respondent 4 (Directorate of Sport & Youth Service). The petitioner possessed a Diploma in Mechanical Engineering and had played various games including Basketball, Tug of War, and Sepak-Takaraw at District and State Level. He secured 2nd position in Maharashtra State Sepak-Takaraw Championship 2013-14 and was winner of Inter Zonal Basketball Competition. The petitioner applied for the post and was called for document verification, but the respondents refused to issue the appointment order on the ground that the sports certificates were not valid. The petitioner contended that the certificates were genuine and the respondents had not obtained any validity report from respondent 4. The respondents argued that the certificates were not valid as per the Government Resolution. The court examined the certificates and found that they were issued by competent authorities and satisfied the eligibility criteria. The court held that the respondents had acted arbitrarily by not sending the certificates for verification to respondent 4 and by unilaterally declaring them invalid. The court allowed the petition, quashed the communication refusing appointment, and directed the respondents to consider the petitioner's candidature afresh for the post of Junior Engineer Group-D under the sports quota, subject to verification of certificates by respondent 4. The court also directed that the entire exercise be completed within eight weeks.
Headnote
A) Service Law - Sports Quota Appointment - Eligibility Criteria - Government Resolution dated 30.04.2005 - The petitioner, a Diploma in Mechanical Engineering holder, had secured 2nd position in Maharashtra State Sepak-Takaraw Championship 2013-14 and was winner of Inter Zonal Basketball Competition, which satisfied the eligibility criteria under the Government Resolution for sports quota appointment. The respondents refused appointment on the ground that the sports certificates were not valid, but the court found that the certificates were genuine and the respondents had not obtained any validity report from the Directorate of Sport & Youth Service. Held that the refusal was unjustified and the respondents were directed to consider the petitioner's candidature afresh. (Paras 1-6) B) Service Law - Sports Quota - Validity of Certificates - Duty of Employer - The employer is required to obtain a validity report from the concerned sports authority before rejecting a candidate's sports certificates. In this case, the respondents did not send the certificates to respondent 4 for verification and unilaterally declared them invalid. Held that such action was arbitrary and violative of principles of natural justice. (Paras 4-6)
Issue of Consideration
Whether the respondents were justified in refusing to issue appointment order to the petitioner for the post of Junior Engineer Group-D under the sports quota despite the petitioner possessing valid sports certificates and meeting the eligibility criteria.
Final Decision
The court allowed the writ petition, quashed the communication dated 22.09.2022 refusing appointment, and directed the respondents to consider the petitioner's candidature afresh for the post of Junior Engineer Group-D under the sports quota, subject to verification of certificates by respondent 4. The entire exercise to be completed within eight weeks.
Law Points
- Sports quota reservation
- Government Resolution dated 30.04.2005
- validity of sports certificates
- eligibility for appointment under sports quota
- duty of employer to consider valid certificates
