Facts
The applicant, a 26-year-old meritorious sportsperson in Athletics (110m Hurdles), applied for the post of Tax Assistant under the sports quota pursuant to an advertisement dated 09.03.2019
Source reference: p. 2Although the applicant was shortlisted for the event, he was not selected in the final result.
Source reference: p. 2The respondents contended that while 18 vacancies for Tax Assistant were filled based on merit and preference, no eligible candidate was found for the "Male 110 Mtrs. Hurdles" category, leading them to divert that specific vacancy to other games/players under Clause 7 of the advertisement
Source reference: p. 5The applicant challenged this non-selection, alleging that he fulfilled all eligibility norms and that the respondents arbitrarily altered selection conditions
Source reference: p. 2Issues
1. Whether the respondents acted arbitrarily by diverting the vacancy for the Male 110m Hurdles category on the grounds of "no candidate found eligible" despite the applicant being shortlisted
Source reference: p. 62. Whether the Selection Committee provided sufficient reasons for the non-suitability of the applicant in his specific sports category
Source reference: p. 6-7Law Applied
The court applied the sports eligibility criteria stipulated in Para 1 of O.M. No. 14015/1/76-Estt. (D) dated August 1980 and subsequent O.M.s dated 1985, 1991, and 2009, which prioritize players representing the country or state in National/International competitions
Source reference: p. 3-4It further emphasized the constitutional standards of objective assessment, proportionality, and the judicious exercise of discretion in public recruitment
Source reference: p. 8Reasoning
The Tribunal examined the original records of the Screening Committee and found that while the committee recorded "No candidate found eligible" for the Male 110m Hurdles category (allowing for the diversion of the post to other games), it failed to assign any specific reasons for this finding
Source reference: p. 6The Tribunal noted a discrepancy: while other categories had assigned reasons for selection or rejection, such reasons were "conspicuously absent" for the 110m Hurdles
Source reference: p. 6the court observed that the applicant possessed the requisite educational qualifications and sports certifications (including a certificate from the National Institute of Sports, Patiala) which did not appear to have been duly considered during the assessment of his suitability
Source reference: p. 7Consequently, the decision-making process was found to lack the necessary transparency and objective assessment required for valid discretionary administrative action
Source reference: p. 8Holding
The Tribunal held that the failure to provide reasons for the applicant's non-eligibility violated standards of objective assessment
The Original Application was disposed of with a direction to the respondents to re-examine the applicant’s case by constituting an appropriate Selection Committee within two months
Source reference: p. 8The court ordered that if the applicant is found otherwise eligible upon re-assessment, he shall be suitably adjusted against future vacancies with appropriate consequential orders
Source reference: p. 8No order as to costs was made
Source reference: p. 8Original Court PDF
VIVEKvsFINANCE
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