Bombay High Court
Sagar Haribhau Bhadke vs The State Of Maharashtra And ... on 3 March, 2016
Bench: S.S. Shinde
1 WP No. 8603/2014
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.8603 OF 2014
Sagar Haribhau Bhadke,
Age: 24 Yrs., occu. Nil,
R/o Sengaon, Tq. Sengaon,
District Hingoli. - PETITIONER
VERSUS
1) The State of Maharashtra
Through Secretary,
Education & Sports Dept.,
Mantralaya, Mumbai.
2) The Director,
Sports & Youth Services,
Maharashtra State,
Pune-1.
3) The Secretary,
Irrigation Department,
Mantralaya, Mumbai.
4) Regional Selection Board
@ Executive Engineer & Circle
Officer, Vigilance Squad,
Amravati Circle, Irrigation
Department, Shivaji Nagar,
Panchavati Chowk, Amravati,
Tq. And Dist. Amravati.
5) Maharashtra Olympic Association
Through its Secretary,
Balasaheb Landge,
Secretariate at Annasaheb Magar
Stadium, Nehru Nagar,
Pimpri, Pune-18. - RESPONDENTS
*****
Mr. Amol S.Sawant,Advocate for Petitioner;
Mr. DR Kale,AGP for Resp. Nos.1 to 3.
-----
::: Uploaded on - 03/03/2016 ::: Downloaded on - 31/07/2016 07:40:01 :::
2 WP No. 8603/2014
CORAM : S.S.SHINDE &
P.R.BORA,JJ.
DATE OF RESERVING JUDGMENT : 18
th
February,2016.
DATE OF PRONOUNCING JUDGMENT: 3
rd
March,2016.
JUDGMENT (PER:-P.R.BORA,J.)
1) Heard. Rule. Rule made returnable
forthwith. With the consent of learned Counsel for
the parties, the petition is taken up for final
disposal at admission stage.
2)
The petitioner has filed the present
petition seeking quashment of the communication dated
4th June, 2014 issued by the Deputy Director, Sports
and Youth Services, M.S.,Pune addressed to the
Secretary, Regional Selection Board @ Executive
Engineer and Circle Officer, Amravati Circle,
Irrigation Department, Amravati, whereby the
petitioner is disentitled for to be selected from the
sports category for appointment on the post of Tracer
in pursuance of the advertisement No.1/2013.
FACTUAL MATRIX
3) In the month of August 2013 an advertisement
was published by Respondent No.3 to fill up the posts
in Irrigation Department at Amravati. In the said
advertisement one post of Tracer was reserved for the
sportsman belonging to Other Backward Class category.
In pursuance of the said advertisement, the
petitioner submitted his application from sports
category along with all relevant documents. The
petitioner was selected in the selection process
carried out by Respondent No.3. However, before
issuing the order of appointment, the documents were
to be verified and accordingly the sports certificate
submitted by the petitioner was forwarded to the
Director of Sports and Youth Services, Pune for its
verification. Accordingly, after verification of the
said certificate, the impugned communication dated 4th
June, 2013 came to be issued by the Deputy Director,
Sports and Youth Services, Pune, wherein he has
stated that Maharashtra Karate Association, which
had conducted 34th Maharashtra State Karate
Championship Tournament, at which the petitioner is
claiming to have secured first rank in Kumite Team,
is not affiliated to Maharashtra Olympic Association
and is not recognized by the Indian Olympic
Association and as such, the certificate of merit
awarded by said Association would not qualify the
petitioner for to be selected from the category of
`sport person'. Obviously, therefore, the petitioner
has not been given the appointment.
CONTENTIONS RAISED BY THE RESPONDENTS
4) Shri Chandrakant Ramdas Kamble, Deputy
Director, sports and Youth Services, Aurangabad
Region, Aurangabad, has filed affidavit in reply on
behalf of Respondent Nos. 1 and 2; whereas one Rahul
Kumar Vishnuji Bagde, Sub Divisional Officer in the
office of Superintending Engineer, Vigilance Unit,
Amravati Region, Irrigation Department, Amravati, has
filed affidavit in reply on behalf of Respondent Nos.
3 and 4. In their affidavit in reply, Respondent Nos.
1 and 2 have contended that as per the Government
Resolution dated 30-04-2005, the competition in which
the person claiming reservation from the Sportsman
category is claiming to have participated and secured
the merit, must have been organized by State
Association of respective sports discipline and the
said State Association must be affiliated to
Maharashtra Olympic Association during the period of
competition concerned. It is further contended that,
Maharashtra Karate Association is not affiliated to
Maharashtra Olympic Association and as such the merit
secured in the aforesaid competition is not liable to
be considered in view of Government Resolution dated
30th April, 2005. It is further contended that Indian
Olympic Association has de-recognised the National
Sports Federation which include All India Karate DO
Federation, vide their letter dated 11-07-2011 and as
the 34th Maharashtra Karate Championship 2013 was
conducted, after 12-02-2011 without having
recognition of Indian Olympic Association, the merit
secured in the said Tournaments cannot be taken into
account in view of the specific condition mentioned
in the Government Resolution dated 30th April 2005.
The respondents have, therefore, prayed for dismissal
of the petition.
5) In the affidavit in reply filed on behalf of
Respondent Nos.3 and 4, it is their contention that
since in the process of verification, the Director of
Sports and Youth Services, Ms, Pune has invalidated
the sports certificate submitted by the petitioner,
he has not been given appointment in the quota
reserved for OBC sports person.
6) In the affidavit submitted on behalf of
Respondent No.4, it is no where contended that the
post to which the petitioner has been selected has
been filled in by giving appointment to some other
candidate. There is, therefore, reason to believe
that the said post is still lying vacant.
7) Shri Amol Sawant, the learned counsel
appearing for the petitioner, submitted that in the
similar set of facts this court has allowed Writ
Petition No.10280/2015 on 21st December, 2015. The
petitioner has placed on record a copy of the said
judgment. The learned counsel submitted that the
similar objections, as are raised by the respondents
in the present petition, were raised in the aforesaid
writ petition. The learned counsel, therefore,
submitted that in view of the judgment passed in the
aforesaid writ petition, the present petition also
deserves to be allowed.
8) On perusal of the judgment passed by this
Court in Writ Petition No.10280/2015, it is
apparently revealed that the fats involved in the
present case are identical to the facts which were
involved in the said petition. Undisputedly, the
present petitioner has also submitted the certificate
of merit pertaining to the same tournament, which was
submitted by the petitioner in Writ Petition
No.10280/2015. From the material on record, it is
noticed that the present petitioner and the
petitioner in WP No.10280/2015, were the members of
the same Kumite Team, who participated and secured
first place in the 34th Maharashtra State Karate
Championship Tournament, 2013 at Nanded and both were
awarded the similar certificates. The certificate
awarded in favour of the petitioner in WP No.
10280/2015 was invalidated by the authorities of
Sports and Youth Services Department of the State of
Maharashtra on the ground that Maharashtra Karate
Association, which had held the said tournament was
not affiliated to Maharashtra Olympic Association and
was not recognized by Indian Olympic Association.
Similar objection is raised as regards to the
certificate submitted by the present petitioner. In
the earlier petition, the objection so raised has
been turned down by this court by giving elaborate
reasons therefor and the act of invalidating the said
sports certificate submitted by the petitioner
therein, has been held unsustainable by this court.
It is further observed by this Court that the
petitioner therein fulfills the criterion as
prescribed under Government Resolution dated 30th
April, 2005 and thus is entitled to be selected from
the category of sports person, if he otherwise
fulfills the other requirements. Since the present
petitioner stands at part with the petitioner in Writ
Petition No.10280/2015, we are inclined to allow the
present petition in terms of the order passed by us
in Writ Petition No.10280/2015. Hence following
order, -
ig ORDER
i) The communication dated 4th June,
2014 issued by the Deputy Director, Sports
and Youth Services, M.S.,Pune addressed to
the Secretary, Regional Selection Board @
Executive Engineer and Circle Officer,
Amravati Circle, Irrigation Department,
Amravati, is quashed and set aside.
ii) Respondent No.3 shall consider the
candidature of the petitioner for
appointment on the post of Tracer from the
OBC sports person category to which he has
been selected, if he otherwise fulfills all
other requirements and take appropriate
decision as expeditiously as possible and
preferably within a period of four weeks
from the date of this order.
iii) Rule is made absolute in above
terms with no order as to costs.
sd/- sd/-
(P.R.BORA) (S.S.SHINDE)
JUDGE
JUDGE
bdv/
fldr 25.2.16
