The Division Bench of the Delhi High Court in the case of Neha Jadhav vs Union of India & Ors. consisting of Justices Suresh Kumar Kait and Saurabh Banerjee observed that since petitioner had applied prior to coming into force of the revised guidelines and was found eligible under the old guidelines and after passing the entrance test, had been selected in the provisional merit list, she cannot be denied undertaking the course after coming into force of the revised guidelines.
Facts
The petitioner via this petition sought quashing of order passed by the Commandant 18 BN BSF, via which she was informed that permission to appear in the entrance test of one year diploma course in sports coaching for the session 2022-23 was cancelled vide signal 30.05.2022, and issuance of a writ of mandamus directing the respondents to allow her to participate in the 60th Diploma Course in Sports Coaching for Session 2022-23 at Netaji Subhash National Institute of Sports, Patiala.
Procedural History
Since the impugned communication did not specify the reasons for cancellation of aforesaid permission, on the last date of hearing i.e., 22.08.2022 this Court had suspended its operation and directed the respondents to permit the petitioner to participate in the 60th Diploma Course in Sports Coaching for the session 2022-23. The counsel appearing on behalf of respondents had sought time to obtain instructions.
Contentions Made
Petitioner: It was contended that the petitioner had applied for the subject course pursuant to guidelines dated 23.04.2022, however, thereafter the revised guidelines were issued by the Sports Authority of India and time for submitting the nominations was extended. Thereafter, one another candidate/mahila constable, who had applied for the course, was found to be a better candidate for the course and so, the petitioner was dropped. It was also contended that after receiving of communication, only movement order was received by the petitioner and no other communication was received and also that she has already paid the fee and joined the course by virtue of last order passed by this Court and so, she be permitted to continue with the course.
Respondent: It was contended that pursuant to last order, an affidavit was filed but the same was not on record.
Observations of the Court
The Bench observed that selection criteria for the Diploma Course in Sports Coaching for the academic session 2022-23 by the Netaji Subhash National Institute of Sports, Sports Authority of India was revised and the date for submission of online application form was also extended upto 06.06.2020 and for this reason, the competent authority cancelled the permission granted and invited fresh nominations of willing and eligible candidates on 31.05.2022. It opined that:
“The new candidate had never applied under the old guidelines even though she was very much eligible. The petitioner’s case was considered under both the guidelines but her nomination was rejected under the revised guidelines. However, since petitioner had applied prior to coming into force of the revised guidelines and was found eligible under the old guidelines and after passing the entrance test, had been selected in the provisional merit list, she cannot be denied to undertake the course after coming into force of the revised guidelines.”
Judgment
The Bench concluded that in case of any new meritorious and deserving candidate under the revised guidelines, her/his candidature can be considered for future nominations as per rules. With this, the impugned order was set aside and the respondents were directed to grant permission in writing to the petitioner within three days of receipt of this order for attending physical classes w.e.f. 19.09.2022.
Case: Neha Jadhav vs Union of India & Ors.
Citation: W.P.(C) 12056/2022 & CM APPLN. 36017/2022
Bench: Justice Suresh Kumar Kait, Justice Saurabh Banerjee
Decided on: 5th September 2022
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