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2022 Supreme(Mad) 2871

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. KRISHNAKUMAR, J.
S. Radhakrishnan - Appellant
Versus
The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai & Others - Respondent
W.P. No. 12698 of 2021
Decided On : 16-08-2022

Advocates appeared:
For the Petitioner:V.R. Kamalanathan, Advocate. For the Respondents: R1 to R3, P. Kumaresan, A.A.G. Assisted by Sowmi Dattan, Spl. Govt. Pleader, R4, P. Ganesan, G.A.

The main legal point established in the judgment is the requirement for sports certificates to be issued by approved sports associations recognized by the relevant authorities, as outlined in G.O.Ms.No.626 Home (Pol.III) department dated 23.7.2003, for consideration under the sports quota.

Headnote:

Sports Quota - Selection List - G.O.Ms.No.626 Home (Pol.III) department dated 23.7.2003 - The court discussed the provisions of G.O.Ms.No.626 Home (Pol.III) department dated 23.7.2003, which outlined the procedure and process of selection for sports persons competing against sports quota vacancies. The court emphasized the requirement for certificates in Form II and Form III to be issued by approved Sports Associations recognized by the Sports Development Authority of Tamil Nadu, Tamil Nadu Olympic Association, and Indian Olympic Association. The court highlighted that the sports certificate produced by the petitioner was not issued by the approved sports associations as recognized by the relevant authorities, leading to the rejection of the petitioner's candidature under the sports quota.

Fact of the Case:

The petitioner applied for the post of Police Constable Grade II on sports quota, passed the written examination and physical endurance test, but was not included in the provisional selection list. The petitioner's representation to include his name in the selection list was rejected by the respondent, leading to the filing of the writ petition.

Finding of the Court:

The court found that the petitioner's sports certificate was not issued by the approved sports associations as recognized by the relevant authorities, leading to the rejection of the petitioner's candidature under the sports quota. The court dismissed the writ petition as devoid of merits.

Issues: The issues revolved around the rejection of the petitioner's candidature under the sports quota and the validity of the sports certificate produced by the petitioner.

Ratio Decidendi: The court's decision was based on the fact that the petitioner's sports certificate was not issued by the approved sports associations as recognized by the relevant authorities, as required by the provisions outlined in G.O.Ms.No.626 Home (Pol.III) department dated 23.7.2003.

Final Decision: The writ petition was dismissed as devoid of merits, and no costs were imposed on the petitioner.

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.

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 Developm

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