The main legal point established in the judgment is the interpretation of eligibility qualifications for the post of District Sports Officer, emphasizing the importance of expert opinion in determining eligibility and the limitations of the statutory Rules in defining National Level Competitions.

Hemant Gupta, CJ.

This order shall decide Writ Appeal No. 345/2018 filed by the State and Writ Appeal No. 246/2018 filed by the Madhya Pradesh Public Service Commission against the judgment dated 16th February, 2018 whereby the writ petition filed by the respondents was allowed relying upon the Circular dated 20.11.2006 issued by the State Government that the writ petitioners have the eligibility qualification of participation in the "National Games" for the post of District Sports Officer as the writ petitioners have participated in the "Inter University Competitions".

2. The brief facts leading to the present appeals are that an advertisement was issued for filling up of 25 posts of District Sports Officer on 7th February, 2017. The essential qualifications for appointment of the post are Graduate with MP.Ed./M.P.E. and participation in National Games or in recognized Senior National Championship. The writ petitioners were amongst the 77 candidates who were found eligible for interview but vide communication dated 18.08.2017, the candidature of 47 candidates were rejected for the reason that such candidates do not possess the advertised condition of participation in National Games or recognized Senior National Championship. It is the said order which was challenged successfully by the writ petitioners before the learned Single Bench.

3. The argument of the petitioners is that the petitioners have participated in Inter University Competition, therefore, such Inter University Competitions are to be treated as participation at the National Level and thus, petitioners are eligible for appointment to the posts advertised. The learned Single Bench examined the questions formulated which reads as under:-

“07. The basic controversy involved in the present case is that whether Inter University Competition can be treated as recognized Senior National Level Championship/National Games or not. The State Government way back in the year 2006 has clarified the aforesaid issue and has issued executive instructions as some confusion was created by the recruiting agency and as per the clarification issued by the State of Madhya Pradesh, representation in National Games or Recognized Senior National Level Championship includes participation in Inter University Competition. Undisputedly, all the petitioners have participated in Inter University Competition organized by various Universities recognized by University Grant Commission.”

4. The learned Single Bench has relied upon the Circular issued by Directorate, Sports and Youth Welfare, Madhya Pradesh, Bhopal on 20.11.2006 whereby in respect of appointment of "Sports Instructor" on contract basis, it was communicated that recognized National Level means participation in the National Games; Senior National Championship and All India Inter University Competitions. It is relying upon the said Circular, it was held that the writ petitioners have the requisite qualifications and, therefore, a direction was issued to declare the result of the writ petitioners within 10 days and to issue consequential appointment orders within thirty days. The relevant extract reads as under:-

“14. The circular issued by the State Government dated 20/11/2016 (sic 2006) reads as under:-

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In light of the clarification the petitioners are certainly having requisite qualification and the denial to participate in the process of selection on the part of the Madhya Pradesh Public Service Commission was contrary to the statutory provisions as contained under the Recruitment Rules.”

“17. Therefore, in the considered opinion of this Court, the petitioners do have the qualifications for the post in question and as they have participated in the process of selection on account of the interim order passed by this Court, the Madhya Pradesh Public Service Commission is directed to declare the result of the petitioners and