Manchala Satish vs The State Of Andhra Pradesh
2022 Latest Caselaw 302 AP

      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

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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

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

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

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

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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

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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

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