9911796707
TMI Blog2019 (5) TMI 437X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondents to provide employment to him in the rank of Tax Assistant/Multitasking Staff in the Income Tax Department, Tamil Nadu Region based on the Memorandum dated 04.07.2018 purporting to shortlist the candidates for recruitment under Sports Quota 2018-2019 - issuance of call letter for certificate verification/eligibility, within a prescribed time frame. 3.Earlier, the Central Administrative Tribunal, Chennai Bench in OA/310/01011/2018 on 30.07.2018 (filed by the Writ Petitioner as the Applicant), at paragraph 5, had observed the following: "5.On perusal, it is seen that the applicant has not made any allegation against the selection committee of personal bias or malafide or even adopting a whimsical or arbitrary selection procedur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ong to Chennai/Pondicherry Region. In the final selected list published by the Respondents on 20.07.2018, 32 candidates were selected under 'Sports Quota', out of which, 6 candidates were selected under the 'Sports Discipline of Hockey'. Unfortunately, the Petitioner was not considered. 9.The Learned Counsel for the Petitioner submits that the impugned order of the Tribunal dated 30.07.2018 in OA/310/01011/2018 to the effect that declining to consider the relief prayed for by the Petitioner in the Original Application, is not sustainable in the eye of Law. 10.Advancing his argument, the Learned Counsel for the Petitioner contends that the order of the Tribunal in OA/310/01011/2018 dated 30.07.2018 in directing the Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... participate in numerous Tournaments and whenever there is shortage of players in a particular discipline of sports to compete in Tournaments, guest/freelance players in the respective fields were called informally from outside the department and this would not confer any right to such players to stake a claim for appointment in the department. Furthermore, the DOPT O.M.No.14034/1/95-Estt(D) dated 04.05.1995, which specifies the rules and regulations for recruitment of meritorious sports persons, does not bestow any 'Right of Employment' to such freelance players. 15.The Learned Counsel for the Respondents submits that the selection process consists of three stages viz., (i)Certificate Verification; (ii)Field Trials; and (iii)Person ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation 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) 52 50 48 28 NATIONAL COMPETITION (JUNIOR) 46 44 42 26 INTERUNIVERSITY COMPETITION 40 38 36 24 NATIONAL SCHOOL COMPETITION 34 32 30 22 Further, it is represented on behalf of the Respondents that the Petitioner was awarded a mark of '28', based on the documents furnished by him in the above said category. Above that, the Petitioner was awarded the mark of 6.5, out of 20, in the Field Trials and in all, he was awarded the mar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5.5 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 Center Half 42 9 51 21.On a careful consideration of the respective contentions, this Court comes to an irresistible conclusion that the Petitioner is not entitled to seek the relief as claimed by him in the present Writ Petition. Further, the shortlisted candidates viz., Karanbir Singh (Sl.No.41) -1st Place in Junior Nationals, 2018, Center Half, was awarded the total marks of 55.5 (46 + 9.5). Similarly, Harmanjit Singh (Sl.No.42) - 1st Place in Junior Nationals, Center Half, was awarded the total marks of 51.5 (42 + 9.5). Likewise, Akshay Hooda (Sl.No.43), 3rd Place in Junior ..... X X X X Extracts X X X X X X X X Extracts X X X X
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