Abhilashbhimarasetty vs The State Of Andhra Pradesh
2021 Latest Caselaw 5309 AP

      HONOURABLE SRI JUSTICE NINALA JAYASURYA

               WRIT PETITION No. 18431 of 2021


ORDER:-

      The writ petition is filed aggrieved by the action of the 2nd

respondent in not considering the petitioner under Reservation to

Meritorious Sports Category as per Clause 4.4 and 4.9 of the

Notification No.27/2018 dated 31.12.2018 and not

calling/selecting the petitioner for oral interview for recruitment to

the posts falling under Group-I Services as illegal, unreasonable

etc., and also violative of Rule 2 (19) of the Andhra Pradesh State

and Subordinate Service Rules 1996 (for short 'the Rules) and also

amounts to violation of Articles 14, 16 and 21 of the Constitution

of India.

2. Heard Smt. G.Jhansi, 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 2nd respondent.

3. The relevant facts of the case are as follows:

The petitioner represented State of Pondicherry in the 57th

Senior Men's National Boxing Championship organized by Delhi

Amateur Boxing Association, Indian Boxing Federation.

4. Pursuant to Notification No.27/2018 dated 31.12.2018

(General Recruitment) inviting applications through online for

recruitment to the posts falling under Group-I services for a total

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of 44 carry forward vacancies and 125 fresh vacancies, the

petitioner being well qualified, applied for the said posts under

Sports Quota. The recruitment process comprises of three stages

viz., 1) Preliminary Examination (objective type), 2) Mains

Examination (conventional type) and 3) Interview.

5. In the Preliminary Examination, conducted on 26.05.2019,

the petitioner has scored 114.67 marks, while the cut off mark is

90.42. Subsequently, the Mains Examination was conducted and

the results were declared on 28.04.2021, wherein the petitioner

was provisionally qualified under Sports Quota and thereafter vide

e-mail dated 29-04-2021 he was directed to produce the relevant

Form-I Certificate, which forms Part of Annexure-III of

G.O.Ms.No.74, Youth Advancement, Tourism & Culture (Sports)

Department, dated 09.08.2012 relating to Group-I Services, within

48 hours, so that the same can be forwarded to the Sports

Authority of Andhra Pradesh (SAAP) for verification of their Sport

Certificates.

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. The petitioner as per the directions of the 2nd respondent

uploaded the Sports Certificates. However, through the interviews

NJS,J W.P.No.18431 of 2021

schedule cum certificate verification notification issued on

02.06.2021 to the petitioner's dismay, it was declared as follows:

"On detailed examination of sports certificates produced by the individuals, it is noticed that no candidate has participated in the Sports/Games either at International or Multinational level and accordingly not eligible for consideration to the post of Group-I Services. The candidature as such is liable for rejection as per the terms and conditions of the Notification and is therefore hereby rejected for the post of Group-I Services. All the Provisional admissions to Interview under sports category stand cancelled and in this regard individual memos will be sent to each candidate."

8. In view of the above position and under the guise that the

petitioner had not participated in Sports/Games either at

International or Multinational level, the petitioner was not called

for the interview. Aggrieved by the same, the present writ

petition is filed.

9. Smt.G.Jhansi, learned counsel for the petitioner inter alia

submitted that in the Notification, there is no mention that only

those candidates who participated in the Sports/Games either at

International or Multi National level are eligible under Sports

Quota for Group-I Posts. While referring to the relevant portion of

Group-I Notification, dated 31.12.2018 which provides for Sports

Reservation, she would submit that meritorious sportsman, means

a sports person who had represented the State or Country in a

NJS,J W.P.No.18431 of 2021

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 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 represented the State of Pondicherry in the 57th

Senior Men's National Boxing Championship and other events at

various levels.

10. 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".

11. Learned counsel while emphasizing that there is no dispute

that the petitioner falls under the category of meritorious

sportsman/woman and participated in the sports conducted at the

All India level, would contend that in the absence of a specific

NJS,J W.P.No.18431 of 2021

mention in the Notification that only candidates who participated

in an International or Multinational competition would be eligible

for Group-I, the stipulation of participation in an international or

multinational competition as mentioned in Form-I 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 2nd respondent contrary to the same

amounts to arbitrary exercise of power and violation of the

petitioner's rights guaranteed under the Constitution of India. The

learned counsel also submits that similar issues fell for

consideration by this Court in W.P.No.11057 of 2021 and the

matter is squarely covered by the judgment in the said writ

petition dated 29.07.2021. Accordingly, she urges that the writ

petition may be allowed as prayed for.

12. Mr. N.A.Ramachandra Murthy, learned Standing Counsel for

the 2nd respondent/Commission while referring to the contentions

raised in the counter-affidavit supported the impugned

proceedings. He 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-I posts under Sports Quota. However, he has not disputed

consideration of similar issues in the judgment dated 29.07.2021

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as submitted by the learned counsel for the petitioner or that the

petitioner is not a sports personality.

13. In the light of the submissions made by the respective

counsel, this Court has carefully 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

very same Notification dated 31.12.2018. The case of the

petitioner therein was rejected by a communication dated

31.05.2021 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 2nd

respondent/commission. Relying on various legal precedents of

the Hon'ble 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

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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. Hence, the

contentions advanced on behalf of the learned Standing Counsel

are rejected.

16. However, it is pertinent to refer to one relevant aspect with

reference to the Notification No.27 of 2018 dated 31.12.2018.

Some of the candidates who applied for Group-I Posts, filed

W.P.No.11000 of 2021 and batch calling in question the conduct

of Mains Examination and evaluation of answer scripts by digital

evaluation. After detailed consideration of the matter, the

learned Judge by order dated 01.10.2021, partly allowed the writ

petitions and directed the Andhra Pradesh Public Service

Commission(APPSC) to get all the answer scripts of the Mains

examination of Notification No.27 of 2018 dated 31.12.2018

evaluated manually by the conventional method and within the

time line stipulated in the order. It is a matter of record that

against the said judgment of the learned Single Judge, a batch of

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Writ Appeals have been preferred and the same are pending

adjudication.

17. Though the petitioner is entitled for consideration of his

case under Sports Quota, in the light of the judgment of the

learned Single Judge in W.P.No.11057 of 2021 which is squarely

applicable to the petitioner, and in view of the conclusions arrived

at supra, the subsequent developments are also required to be

taken note of.

18. Accordingly, the Writ Petition is allowed. The respondents

are directed to consider the case of the petitioner for the 44 carry

forward posts and 125 vacancies, however, subject to the result of

the manual evaluation of answer scripts of Mains Examination as

directed vide common order dated 01.10.2021 in W.P.No.11000 of

2021 & batch / outcome of the W.As filed against the said order.

19. Accordingly, the writ petition is allowed with the above

observations. No order as to costs.

Miscellaneous Petitions, if any, pending in this appeal shall stand dismissed.

__________________ NINALA JAYASURYA, J 17.12.2021.

BLV

NJS,J W.P.No.18431 of 2021

HON'BLE SRI JUSTICE NINALA JAYASURYA

W.P.No.18431 of 2021 Dated 17.12.2021

BLV