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2022 DIGILAW 2737 (MAD)

S. Radhakrishnan v. Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai

2022-08-16

D.KRISHNAKUMAR

body2022
JUDGMENT (Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 15.3.2021 in Ref.No.C.No.L2/0470 / 2021 issued by the 3rd respondent Board quash the same and consequently direct the 3rd respondent board to include the petitioners name S.Radhakrishnan Enrolment Number 0508308 in the Selection List for character and antecedents verification and medical examination for common Recruitment of Grade-II police constable Gr-II Jail warden and Fireman.) 1. Pursuant to the notification issued by the 3rd respondent, the petitioner has submitted his application for the post of Police Constable Grade II on sports quota. The petitioner has passed written examination and also physical endurance test conducted on 30.11.2019. The petitioner was also called for certificate verification and the petitioner submitted all the original certificates including Sports Certificate in Form II before the respondent. However, the petitioner's name was not found in the provisional selection list published by the third respondent. The petitioner made a representation on 20.7.2020 before the fourth respondent seeking to include his name in the selection list. Since there was no response, the petitioner had filed W.P.No.2339 of 2021 seeking direction to the respondent to consider his representation and this Court by order dated 4.2.2021 directed the fourth respondent to consider the representation dated 20.7.2020. Pursuant to the said order, the third respondent passed an order dated 15.3.2021 rejecting the request of the petitioner. Challenging the said order, the petitioner has filed the instant writ petition. 2. In the counter affidavit filed by the third respondent, it is stated that all the documents pertaining to the selected candidates in the Common Recruitment 2017 were sent to the concerned departments for further selection and appointment. The respondent Board had not considered candidates under Sports quota for their participation in the events organized by associations which are not recognized by the Sports Development Authority of Tamil Nadu, Tamil Nadu State Olympic Association and the Indian Olympic Associations. Further, Tamil Nadu State Olympic Association and the Indian Olympic Association in their letter to the respondent Board, furnished the list of Associations not recognized/ affiliated with them. Further, Tamil Nadu State Olympic Association and the Indian Olympic Association in their letter to the respondent Board, furnished the list of Associations not recognized/ affiliated with them. 2.1 Further, the information brochure (Annexure – 9) clearly states the list of approved sports associations as recognized by Sports Development Authority of Tamil Nadu, Tamil Nadu Olympic Association and Indian Olympic Association as given below: Name of the Games/Association Recognized by 1.Tamil Nadu Athletics Association 2.Tamil Nadu Basket Ball Association 3.Tamil Nadu Hand Ball Association 4.Tamil Nadu State Amateur Kabbadi Association 5.Tamil Nadu Judo Association 6.Tamil Nadu Amateur Wrestling Association 7.Hockey Unit of Tamil Nadu Association 8.Tamil Nadu Volley Ball Association 9.Tamil Nadu Boxing Association 10.Tamil Nadu Gymnastics Association 11.Tamil Nadu Weightlifting Association 12.Tamil Nadu Aquatics Association 13. Tamil Nadu Foot ball Association 14.Equestrian (Horse riding) 15.Tamil Nadu Shooting Association List of Sports Association recognized by Sports Development Authority of Tamil Nadu, Tamil Nadu Olympic Association and Indian Olympic Association 2.2 Further, it is stated in the counter affidavit, in G.O.Ms.No.626 Home (Pol.III) department dated 23.7.2003, the procedure and process of selection in IV (B) Certificate verification states as follows: “the sports persons competing against sports quota vacancies should produce certificates in Form II and Form III issued by approved Sports Association only. The Member Secretary, Sports Development Authority of Tamil Nadu, Chennai – 84 will furnish such a list to the committee. Certificates relating to educational qualification and Games/Sports activities in which participation has been at District/State National/ international level shall be thoroughly verified for their genuineness. In respect of certificates issued by Sports Associations, the Member Secretary, Sports Development Authority to Tamil Nadu, Chennai-84 will cause verification on the genuineness of such certificates.'' The Sports certificate produced by the petitioner was not issued by the approved sports associations as recognized by Sports Development Authority of Tamil Nadu, Tamil Nadu Olympic Association and Indian Olympic Association as stated supra. Therefore, the petitioner's name was not considered under sports quota and his status has been changed from ''Sports'' to ''General'' category. 3. Heard the rival submissions of the parties and perused the materials available on record. 4. This Court already decided the identical issue in W.P.No. 26456, 26460 & 26463 of 2021 dated 13.12.2021 wherein this Court has considered the similar issue in detail and rejected the claim made by the petitioners therein. The relevant paragraphs are extracted hereunder; “4. 3. Heard the rival submissions of the parties and perused the materials available on record. 4. This Court already decided the identical issue in W.P.No. 26456, 26460 & 26463 of 2021 dated 13.12.2021 wherein this Court has considered the similar issue in detail and rejected the claim made by the petitioners therein. The relevant paragraphs are extracted hereunder; “4. The learned Additional Advocate General appearing for the respondent, submits that the petitioners have no case inasmuch as they have never obtained the certificate for representing the State from appropriate institution/ organisation and as such inspite of their securing the cut off marks for inclusion in the provisional list against the quota of sports person, they do not have a case. In this regard, she has drawn the notice of the Court indicating that the petitioners have obtained certificate from the Tamilnadu Rural Games Association for representing the State which is not an recognised Sports Association by the Olympic Association of Tamilnadu, and as such they do not have the case for selection against the sports person quota. Hence, the writ petition is liable to be dismissed. In this regard, notice of this Court has been drawn to the relevant guide lines/instruction. 5. The perusal of the aforesaid would go to show that the Association through which the petitioners stated to have represented by the State of Tamilnadu is not a recognised sports association by the Olympic Association of Tamilnadu and as such their representation of the State of Tamilnadu though that association do not entitle them to get a berth in sports person quota in the selection process. The instructions especially indicates not to recognise such certificate issued by the said institution in sport person quota. For the aforesaid reason, notwithstanding the fact that the petitioners had secured the necessary required cut off marks and had applied against the sports person quota, their non-inclusion in the provisional list against the said quota in the second round of test, cannot be found fault with. 6. In view of the aforesaid, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.” 5. 6. In view of the aforesaid, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.” 5. In view of the order passed by this Court cited supra and considering the fact that the petitioner herein had obtained the sports certificate from an un-recognised Association, which is contrary to the notification issued by the respondent-Board, this Court finds no reason to consider the claim of the petitioner seeking interference with the non- inclusion of his name in the provisional list under the sports quota. The respondent -Board has rightly rejected the petitioner's candidature under the sports quota. 6. In the result, these writ petition stands dismissed as devoid of merits. No costs.