TMI Blog2019 (5) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... nals, Center Half, was awarded the total marks of 51.5 (42 + 9.5). Likewise, Akshay Hooda (Sl.No.43), 3rd Place in Junior Nationals, 2015, Center Half, secured the total marks of 51 (42 + 9). At the risk of repetition, this Court points out that the Petitioner was awarded a total mark of 34.5 (28 + 6.5) by the Selection Committee, based on the documents furnished by him. In fact, he stood 27th Rank in the 'Mid Field' category. Looking at from any angle, the observations of the Tribunal in negativing the Writ Petitioner/Applicant's relief as sought for in the Original application and the consequent direction issued to the Respondents to inform him of the process adopted for shortlisting including the norms and criteria under which the suitability of the candidate was assessed, based on which, he could not be included in the shortlist of the selected candidates, are without any legal flaw. - W.P.No.21602 of 2018 And WMP.No.25365 of 2018 - - - Dated:- 9-4-2019 - Mr. Justice M. Venugopal And Mr. Justice Senthil Kumar Ramamoorthy For the Petitioner : Mr.B.Harikrishnan For the Respondents : Mr.M.T.Arunan, SC ORDE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16. 5.The Petitioner belongs to Hindu - Telugu Chetty Community, which is recognised as Backward Class by the Government of India, Ministry of Welfare Resolution No.12011/68/93-BCC/C dated 10.09.1993 published in the Gazette of India Extraordinary Part/Section First dated 13.09.1993. In fact, the Tahsildar, Dindigul, has issued a certificate that he belongs to Hindu - Telugu Chetty Community, recognised as a Backward Class. Apart from that, the Hockey Unit of Tamil Nadu, which is affiliated to Hockey India, New Delhi, had issued Form II Certificate, dated 14.05.2017 and 03.06.2017, for employment to as Class III/Class IV Post under the Central Government. Also that, the University of Madras had issued Form III Certificate to the Petitioner for employment to Class III/ Class IV Posts Service under the Central/State Governments. 6.The version of the Petitioner is that in the years 2009, 2014 and 2015, the Respondents had called for applications from eligible persons for recruitment to the post of 'Tax Assistant and/Multitasking Staff' under 'Sports Quota'. Though the Petitioner had applied for the same, he was not considered for some reas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ., cannot be countenanced, because of the fact that it had issued that direction mechanically without applying its mind. 11.The Learned Counsel for the Petitioner takes a forceful plea that the Respondents had denied the Petitioner of his 'Right to Employment' and such denial is also violative of the 'Right to Equality' and 'Equal Protection of Law' guaranteed under the Constitution of India. 12.The Learned Counsel for the Petitioner brings it to the notice of this Court that the selected candidate Arun Kumar in Sl.No.17 is much junior to the Petitioner and the other selected candidates in Sl.No.29 (Sanjib Ekka), Sl.No.30 (Karanbir Singh), Sl.No.31 (Harmanjit Singh) and Sl.No.32 (Akshay Hooda), had not represented the Income Tax Department in Hockey Matches at any point of time nor they do not belong to Chennai Region. 13.Lastly, it is the submission of the Learned Counsel for the Petitioner that the entire selection process, which is the subject matter in issue, was made in violation of the Constitutional safeguards. 14.In response, the Learned Counsel for the Respondents 1 and 2 contends that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ipation in International, National and Inter- University Competitions and the positions won in such Competitions and the marks assigned in those categories were as below: Achievement in Winning Position -I Winning Position -II Winning Position -III Participation INTERNATIONAL COMPETITION Category (i) Olympics/World Championships 70 68 66 65 Category (ii) Asian / Commonwealth / Afro Asian Games 64 62 60 59 Category (iii) Other International Tournaments like SAF Games 58 56 54 53 NATIONAL COMPETITION (SENIOR) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Calender years 2015-2018 only Eligibility Position Marks (A) Field Trials Marks (B) Total (A) + (B) Merit / Participation 41 Karanbir Singh Form 2 1st Place Jr. Nationals 2018 Yes Center Half 46 9.5 55.5 42 Harmanjit Singh Form 2 1st Place Jr. Nationals Yes Center Half 42 9.5 51.5 43 Akshay Hooda Form 2 3rd Place Jr. Nationals 2015 Yes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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