IMPORTANT POINT
Compliance with the advertisement requirements and eligibility criteria for the post of Police Sub-Inspector based on the Sports Verification Certificate.

JUDGMENT :

Jitendra Jain, J.

Rule. Mr.Walimbe, learned Additional Government Pleader waives service for respondent-State. By consent of the parties, the petition is heard finally.

2. By this petition under Article 226 of the Constitution of India, the petitioner seek to challenge an order of the Maharashtra Administrative Tribunal (‘Tribunal’) dated 18th April 2022 dismissing the Original Application No.453 of 2019 (OA) filed by the petitioner by holding that the ‘Sports Verification Certificate’ was not filed by the petitioner with the respondents along with the application and therefore she cannot be considered for selection to the post of Police Sub-Inspector.

Narrative of Events :-

3. The petitioner, who is already serving as a Police Constable, being selected from the Open Sports Category based on Sports Certificate as well as verification report dated 30th August 2010 for last many years, applied for the post of Police Sub-Inspector pursuant to an advertisement dated 26th April 2017 issued by the respondents. Some of the relevant clauses of the said advertisement reads as under (official translation):-

“4.5 Action in respect of reservation for proficient sportsmen and also in respect of relaxation in age limit shall be taken as per the Government Resolution bearing No. S.S.P.-2002/M. No. 68/S. Y. Se.-2, dated 01st July, 2016 as well as the Government Corrigendum bearing No. S.S.P.-2002/M. No. 68/S. Y. Se.-2, dated 18th August, 2016 issued by the School Education and Sports Department and as per the subsequent orders in that regard issued by the Government from time to time.

4.6 In case of the candidates claiming reservation of proficient sportsmen, it shall be necessary for them that, even before they submit their application to the Commission, they must have obtained from a Competent Authority a certificate, certifying that his/her sports- related certificates are of appropriate grade and that he/she becomes eligible for the post of sportsman.

4.7 While submitting the certificates to the Director, Directorate of Sports and Youth or to the Competent Authority, it shall be necessary for the eligible sportsman- candidate to submit his/her all sports-related certificates declaring him/her as eligible for the reservation of proficient sportsman, at one and the same time.

4.8 If a certificate to the effect that the sports-related certificate is proper and a certificate about the post in a group/grade to which the sportsman becomes eligible, issued by the Competent Authority prior to the date of submitting application is submitted, then only he/she can avail the benefit of reservation for sportsman category.

8.8 It shall be required to produce all necessary original certificates regarding eligibility on calling for interview or for verification of documents. If all original certificates regarding eligibility are not produced at the time of interview or at the time of verification of documents, their interview will not be conducted and they will not be considered for recommendation / appointment.”

(emphasis supplied)

4. The petitioner appeared for main exam and cleared the same on 3rd October 2017. On 18th September 2018, respondent no.1 issued an Interview Call letter and Physical Training test to the petitioner which was scheduled to be held on 8th October 2018. The petitioner appeared for the interview and the physical training test and also produced ‘Sports Verification Certificate’ for being eligible to be considered under the Sport Category.

5. Thereafter, the name of the candidates who were recommended were pronounced but the name of the petitioner did not appear and therefore, the petitioner vide various e-mails requested the respondents to inform her about the status of her application for the post of Police Sub-Inspector. The petitioner vide letter dated 27th March 2019 addressed to the respondents stated that at the time of interview, all the documents including the ‘Sports Verification Certificate’ were submitted and verified by