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2006 DIGILAW 535 (ORI)

Tapan Kumar Mohapatra v. State of Orissa

2006-07-18

I.M.QUDDUSI, N.PRUSTY

body2006
JUDGMENT I. M. QUDDUSI, J. : By means of this writ petition, the petitioner has prayed for quashing the impugned judgment and order dated 9.3.2006 passed by the Orissa Administrative Tribu¬nal, Cuttack Bench in O.A. No.3470(C) of 2003 and to issue a writ in the nature of mandamus directing the opposite parties 1 to 3 to appoint the petitioner against any of the posts mentioned in the advertisement No.5 of 2000-2001 for the recruitment to Orissa Civil Services (2000) by the Orissa Public Service Commis¬sion under the Sports quota with consequential benefits. 2. The brief facts of the case are that the Orissa Public Service Commission had issued advertisement No.5 of 2000-2001 for recruitment to the posts under the Orissa Civil Services. The applications were invited for Orissa Civil Services Combined Competitive Recruitment Examination 2000 in which there were two categories of services. The Category-I was : (i) Orissa Administrative Service, Class-II (O.A.S.) (ii) Orissa Finance Service, Class-II (O.F.S.) (iii) Orissa Co-operative Service, Class-II (O.C.S.) (iv) Orissa Employment Service, Class-II (O.E.S.) (v) Orissa Welfare Service, Class-II (O.W.S.) Category II was : (i) Sub-Registrars (ii) Orissa Settlement and Consolidation Services (both specially declared Gazetted). 3. Since the petitioner belongs to S.E.B.C. category, it would be relevant to mention here that against SEBC category 55 vacancies were shown for men candidates and 27 for women candidates. Out of those vacancies two vacancies were reserved for Sports person. It was mentioned in the advertisement as well as in the application form that “applications incomplete in any respect are liable to rejection” and the candidature for recruit¬ment is provisional and remain as such till original certificates are verified at the time of viva-voce test.” Under Clause-10 of the said advertisement, it was specifically mentioned that the candidates are required to submit along with their applications true copies of the documents mentioned therein duly attested by a Gazetted Officer and only those candidates who will be called to the personality test (viva voce test) must bring with them the original certificates in support of the attested copies for veri¬fication. The said clause is quoted hereunder : “10. CERTIFICATES TO BE ATTACHED : Candidates are required to submit along with their application true copies of the following documents duly attested by a Gazetted Officer. The said clause is quoted hereunder : “10. CERTIFICATES TO BE ATTACHED : Candidates are required to submit along with their application true copies of the following documents duly attested by a Gazetted Officer. Only those candidates who will be called to the Personality Test (VIVA VOCE TEST) must bring with them the ORIGINAL CERTIFICATES IN SUPPORT OF THE ATTESTED COPIES FOR VERIFICATION BEFORE COMMENCEMENT OF THE VIVA VOCE TEST : (a) H.S.C. or equivalent examination certificate showing date of birth; (b) Intermediate or +2 Examination Certificate; (c) Bachelor’s Degree Certificate; (d) Certificate of any other higher qualification (s); (e) Oriya Test Pass Certificate in support of passing Oriya language test equivalent to M.E. School standard. If not passed H.S.C. or equivalent examination having Oriya as one of the subjects; (f) Candidate claiming to have belonged to S.C./S.T./S.E.B.C. category by birth are required to attach copy of relevant Caste/Tribe certificate issued in the prescribed form by the competent authority notified for the purpose by the Government of Orissa. Ex-servicemen are required to attach copy of Discharge Certificate issued by the competent Military Authority. Sports persons are required to attach copy of identity card issued by the Director of Sports, Orissa.” 4. A perusal of sub clause (f) of Clause 10 quoted above shows that the candidate who would claim appointment as Sports person was required to attach copy of identity card issued by the Director of Sports, Orissa. But the petitioner although claimed himself to be a Sports person did not attach the copy of the identity card and therefore his candidature was not considered by the O.P.S.C. under the sports quota. However, he belongs to SEBC and had attached the certificate in that regard. He was treated as candidate under reserved quota of SEBC. The last date of receipt of application was 31.1.2001. By that time the petitioner had not received the identity card from the Director of Sports, Orissa and, therefore, there was no question to attach attested copy of the same with the application form submitted by him. However, he was called for participation in the written (main) examination but he could not qualify in the same under the SEBC category. The last candidate selected under SEBC category by the O.P.S.C. was opposite party No.5, namely, Sri Surendra Meher, son of Madhu Meher. 5. However, he was called for participation in the written (main) examination but he could not qualify in the same under the SEBC category. The last candidate selected under SEBC category by the O.P.S.C. was opposite party No.5, namely, Sri Surendra Meher, son of Madhu Meher. 5. Being aggrieved, the petitioner filed O.A. before the Tribunal in 2003, inter alia, mentioning that he had sent copy of the identity card issued by the Director of Sports, Orissa, later as it was issued by the Director on 20th June 2002 but the Tribu¬nal after considering the facts and circumstances dismissed the said O.A. vide order dated 9.3.2006 and thereafter the petitioner approached this Court by way of filing the instant writ petition. 6. Before proceeding further it is to be considered as to what is the importance of the identity card issued by the Director of Sports, Orissa. In this regard, learned counsel for the O.P.S.C. has produced a copy of the Government notification dated 17th December, 1985 which is a Orissa Gazette notification issued in General Administration Department by which vide resolu¬tion dated 18.11.1985 reservation in the vacancies for a sports person was decided. According to the same it was decided that one per cent of vacancies arising in a year in each of the categories of Class II and Class III services/posts and in Class IV posts filled by direct recruitment should be reserved for the sportsmen and further it was decided that the 8th vacancy in cycle of 100 vacancies should be reserved for Sportsmen. 7. The manner in which identity card should be issued and the rule for production of identity card at the time of appoint¬ment was also made by the same the relevant portion of which is reproduced as under : “4. Recognised Associations/Federations/Organising bodies may issue the Sports Certificates to the candidates who participated or represented in the open national events and Championships. The Director, Sports shall issue identity cards to the deserving Sportsmen on the basis of the above certificates. 5. The Sportsmen shall produce the identity card issued in their favour by the Director, Sports at the time of their ap¬pointment against the post reserved for them.” 8. The Director, Sports shall issue identity cards to the deserving Sportsmen on the basis of the above certificates. 5. The Sportsmen shall produce the identity card issued in their favour by the Director, Sports at the time of their ap¬pointment against the post reserved for them.” 8. Therefore, it is clear that production of the identity card issued by the Director of Sports was made mandatory under the statute and departure from the same was not permissible and a candidate who does not follow the statutory provisions is not liable to be considered against the quota reserved for a Sports person. 9. Since the petitioner had not even obtained the identity card from the Director of Sports before the last date of submis¬sion of the application form, i.e., 31.1.2001 rather did not bother to obtain the same even by 2001 and obtained the same in June 2002, his action, itself shows his letharginess for which the Public Service Commission can not be blamed. If the petition¬er was to claim under the Sports quota, he should have obtained the identity card from the Director of Sports much before the last date of submission of the application in question. The petitioner was treated as SEBC category and only when only when he could not qualify and was not given appointment, has come up with such a case before the Court. 10. In view of the above, we find no infirmity or manifest error of law in the impugned judgment and order passed by the Tribunal. 11. Therefore, the writ petition is misconceived and is dismissed. We make it clear that it will be open for the opposite parties 1 and 2 to proceed further in the matter in accordance with the recommendations of the Orissa Public Service Commission to fill up the available vacancy under the SEBC quota or Sports quota as the case may be but as early as practicable. All Misc. Cases are accordingly disposed of and the interim order dated 18.5.2006 stands vacated. N. PRUSTY, J. I agree. Petition dismissed.