HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No. 13979 of 2020
ORDER:-
The Writ Petition is filed inter alia aggrieved by the action of
the respondents in not considering the petitioner, who participated
in Inter University Competition at National level under Sports Quota, as provided in G.O.Ms.No.74 dated 09.08.2012 as illegal, arbitrary, unconstitutional and contrary to sports policy declared by the 1st respondent vide G.O.Ms.No.84 Y.A.T. & C(Sports) Department dated 04.05.2000, violative of Article 14 of the Constitution of India and for a consequential direction to consider the case of petitioner, in terms of the said G.O.
2. Heard Mr. Prabhunath Vasireddy, learned counsel for the petitioner, learned Government Pleader for Services-I appearing for the 1st respondent and Mr.N.A.Ramachandra Murthy, learned Standing Counsel appearing for the 3rd respondent and Mr. T.G.S.Srivastava for respondent No.4.
3. The brief averments of the writ petition are as follows:
The petitioner represented Acharya Nagarjuna University in Archery in the All India Inter-University Competition held at Mohanlal Sukadia University, Udaipur during 2010.
4. Pursuant to Notification No.25/2018 dated 31.12.2018 inviting applications through online for recruitment to the posts falling under Group-II services for a total of 110 carry forward 2 NJS,J W.P.No.13979 of 2020 vacancies and 336 fresh vacancies, the petitioner being well qualified, applied for the posts reserved under Sports Quota.
5. In the Screening Test, the petitioner was selected and qualified for Main Examination. Subsequently, the Mains Examination was conducted and the results were declared wherein the petitioner was provisionally qualified under Sports Quota. Thereafter, the Sports Certificates submitted by the petitioner were forwarded to the Sports Authority of Andhra Pradesh (SAAP) for verification.
6. G.O.Ms.No.74 provides for 29 recognized sports disciplines as contained in Annexure-I. Annexure-II specifies the priorities for recruitment on 2% reservations, which starts with a Gold Medal in Olympics Games at Item No.1 and ends with the participation in State/Inter-District Championship for School Games at Item 90.
7. On scrutiny of the petitioner's Sports Certificates by a Committee constituted by the 4th respondent, a 'Not eligible List' was notified, wherein the petitioner's name was included on the premise that "As per G.O.Ms.No.74, All India/South Zone Inter Universities Certificates are not eligible for Group-II post".
8. Mr. Prabhunath Vasireddy, learned counsel for the petitioner inter alia submitted that the view of the said Committee is not tenable. While referring to the relevant portion of Notification, dated 31.12.2018 which provides for Sports Reservation, he would submit that meritorious sportsman, means a sports person who 3 NJS,J W.P.No.13979 of 2020 had represented the State or Country in a National or International competition or Universities in the Inter-University Tournaments conducted by the Inter University Boards or the State School Team in the National Sports/Games for schools conducted by the All India School Games Federation in any of the Games, Sports, mentioned therein and any other Games/Sports as specified by the Government from time to time, in terms of the Rule 2 (19) of the Andhra Pradesh State and Subordinate Service Rules (herein after referred to as 'the Rules'). Learned counsel further submits that the petitioner is a meritorious sports person falling within the definition of meritorious sportsman as per Clause 2.19 of the Rules, since he participated in the All India Inter-University Championship representing the Acharya Nagarjuna University and other events at various levels.
9. Rule 2 (19) of the Rules reads thus :
2(19) Meritorious Sportsman: - "Meritorious Sportsman" - means a sportsman who has represented the State or the Country in a national or international competition or Universities in the Inter-University tournaments conducted by the Inter-University Boards or the State School team in the national sports/games/for schools conducted by the All India School Games Federation in any of the games, sports, mentioned below; and any other games/sports as may be a specified by the Government from time to time".
10. Learned counsel while emphasizing that there cannot be any dispute that the petitioner fall under the category of meritorious 4 NJS,J W.P.No.13979 of 2020 sportsman as he participated in the sports conducted at the All India level, would contend that in the absence of a specific mention in the Notification that only those candidates who participated in an International or Multinational competition would be eligible for Group-II, the stipulation of participation in an international or multinational competition as mentioned in Form-1 to the Notification would be of no consequence. The learned counsel further submits that the criteria as set out in the G.O., referred to above cannot be curtailed or restricted by the Form and any such act on the part of the respondents contrary to the same amounts to arbitrary exercise of power and violation of the petitioner's rights guaranteed under the Constitution of India. He also submits that placing the petitioner in 'non eligible list' is also contrary to the Rule 2(19) of the Rules and is illegal. The learned counsel submits that similar issues fell for consideration by this Court in W.P.No.11057 of 2021 and the matter is covered by the judgment in the said writ petition dated 29.07.2021. Accordingly, he urges that the writ petition may be allowed as prayed for.
11. Mr. N.A.Ramachandra Murthy, learned Standing Counsel for the 3rd respondent/Commission submits that Forms-I to IV are part of G.O.Ms.No.74 and therefore, as per the conditions stipulated in Form-I, the candidate who has participated in international competition or multinational competition alone is eligible for Group-II posts under Sports Quota. However, he has not disputed consideration of similar issues in the judgment dated 5 NJS,J W.P.No.13979 of 2020 29.07.2021 as submitted by the learned counsel for the petitioner or that the petitioner is not a sports personality.
12. Mr.Srivastasava, learned counsel representing the 4th respondent referring to the averments in the counter-affidavit contends that the petitioner submitted Form-III which relates to Group-IV posts and as such is not entitled for Group-II posts. While supporting the action of the Committee constituted by SAAP, he submits that as per G.O.Ms.No.74, All India South Zone Inter Universities Certificates are not eligible for Group-II post and as such placing the petitioner in 'not eligible test', cannot be found fault with. Accordingly, he urges for dismissal of the Writ Petition.
13. In the light of the submissions made by the respective counsel, this Court has gone through the relevant material placed on record, the judgment of the learned Single Judge, on which strong reliance has been placed by the learned counsel for the petitioner.
14. In W.P.No.11057 of 2021, the learned Judge dealt with the Notification dated 31.12.2018 issued in respect of Group-I posts. The case of the petitioner therein was rejected on the ground that he has not represented India in an international/multinational competition as prescribed in Form-I of Annexure-III. The learned Judge after detailed consideration of the matter, allowed the Writ Petition, while rejecting the contentions advanced on behalf of the respondents. Relying on various legal precedents of the Hon'ble 6 NJS,J W.P.No.13979 of 2020 Supreme Court to the effect that the Form cannot control the Act, Rules or Directions, the learned Judge held that what is printed in a Form appended to the G.O., which is merely referred to in the Advertisement/Notification cannot be used to deny the post to the petitioner, in the absence of specific mention (in the notification or G.O.) that only people who participated in an International or Multinational competition would be eligible for Group-I. The learned Judge also emphasized that it cannot be said that the Form will prevail over the content of the Advertisement/Notification or the Government Order. The learned Judge accordingly, allowed the writ petition and directed the respondents therein to consider the case of the petitioner under meritorious Sports Category for the 44 carry forward posts and 125 vacancies.
15. As rightly contended by the learned counsel for the petitioner, the said judgment applies on all fours to the issue involved in the present writ petition and therefore the same deserves to be allowed for the reasons alike.
16. A reading of Annexure-I of G.O.Ms.No.74 dated 09.08.2012 would go to show that 'Archery' is a recognized sport for 2% Reservation and Annexure-II dealing with priorities prescribes participation in the All India Inter University Tournament. In the counter-affidavit of respondent No.4, petitioner's participation in All India Inter University Archery Competitions was admitted. Under the said circumstances, placing the petitioner in 'not eligible 7 NJS,J W.P.No.13979 of 2020 list' on the premise that as per G.O.Ms.No.74 dated 09.08.2012, All India/South Zone Inter Universities Certificates are not eligible for Group-II Post is not sustainable. Therefore, the contentions advanced on behalf of the learned Standing Counsel are rejected.
17. Under the aforementioned circumstances, rejection of the petitioner's case is not sustainable and accordingly the same is declared as illegal. Accordingly, the respondents are directed to consider the case of the petitioner for recruitment of Group-II Service notified vide Notification No.25 of 2018 dated 31.12.2018 under Sports Quota as per Annexure-II of G.O.Ms.No.74 dated 09.08.2012, as expeditiously as possible.
18. The Writ Petition is accordingly allowed, as indicated above. No order as to costs.
Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
__________________ NINALA JAYASURYA, J 24.01.2022.
BLV 8 NJS,J W.P.No.13979 of 2020 HON'BLE SRI JUSTICE NINALA JAYASURYA W.P.No.13979 of 2020 Dated 24.01.2022 BLV