ORDER : 1. Heard learned counsel for the parties. 2. This appeal has been filed against the judgment and order dated 20th November, 2013 by which the writ petition filed by the appellant has been dismissed. The appellant claiming to be a sportsman has applied for appointment on the post of Lower Division Clerk/Office Assistant in the reserved category of sports in pursuance of advertisement dated 23rd April, 2012. The appellant submitted his certificates for participation in Cricket in State Championship Competition. The certificates were forwarded by the competent authority for verification. 3. After receipt of the report an order was issued on 9th May, 2013 by the Assistant Director, Directorate, Sports and Youth Services intimating that the appellant does not possess the requisite eligibility for the post of Group C or Group D. The offer of appointment given to the appellant was cancelled. 4. Being aggrieved by that, the appellant filed the writ petition. In the writ petition apart from challenging the order dated 9th May, 2013 the appellant has also challenged the Government Resolution dated 30th April, 2005 on the ground that it violates Article 14 of the Constitution. The appellant has sought a direction to allow the appellant to resume his services with back wages. The High Court dismissed the writ petition. The High Court referred to the remarks in the report that the Tournament is not recognized by the Maharashtra Olympic Association or Indian Olympic Association. 5. Being aggrieved by the same, the present appeal has been filed. The learned counsel for the appellant submits that the remarks given by the authority on the verification of the certificates that the State Association which has organized the competition is not a valid Olympic Association cannot be the basis of rejecting the claim of appellant. The learned Counsel submits that the Cricket Organizations are not affiliated to the Olympic Aviation and hence the said observations are without any basis and cannot be read as rejecting the claim of the appellant.
The learned Counsel submits that the Cricket Organizations are not affiliated to the Olympic Aviation and hence the said observations are without any basis and cannot be read as rejecting the claim of the appellant. The learned counsel appearing for the respondents has referred to para-C of the Government Order dated 30th April, 2015 which provides for eligibility for Group C and D. The Clause-C of Government Order provides as follows: “(C) Eligibility for Group C and D. For these posts the player should have obtained at least State Level Championship trophy on personal or team level competitions in first, second or third rank or gold, silver or bronze medal. State Championship Competitions must have been organized by the authorized State Association affiliated to the Maharashtra Olympic Association or the competitions must have been organized by the Maharashtra Olympic Association itself. Priority should be given to the candidate obtaining higher level performance in sports than the minimum performance. Players participated on personal level or on invitation will not be considered. Person obtained medical in the National Cadets Corpse including rank of the Under Officer.” 6. Looking to Clause-C of the Government Order the remarks on the certificate verification as contained in letter dated 09.05.2013 at item No.5 cannot be said to be not in conformity with the Government Order. The learned counsel at this juncture submits that the appellant has specifically challenged the Government Order dated 30th April, 2005 and there is a specific prayer in the writ petition also that is prayer (D). On going through the entire judgment we do not find any argument raised to that effect or any discussion in the judgment regarding challenge to Government Order dated 30.04.2005. When before the High Court the appellant did not challenge the aforesaid condition in the Government Order dated 30.04.2015 we are of the view that he cannot be allowed to raise such challenge before this Court. The appellant who did not fulfill the conditions as laid down in the Government Order dated 30.04.2015 as specifically referred to, we do not find any error in the decision of the authority rejecting the claim of the appellant. The High Court has not committed any error which may warrant interference by this Court. 7. The civil appeal stands dismissed accordingly.