2022 Supreme(Online)(CAT) 2236
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA NO.379/2016
Dated 18-10-22day, the 18th day of October Two Thousand Twenty Two
CORUM: HON’BLE MR. T.JACOB, ADMINISTRATIVE MEMBER
&
HON’BLE MS. LATA BASWARAJ PATNE, JUDICIAL MEMBER
P
.Bhagavathsingh,
S/o.Palanisamy,
No.112, Annai Theresa Nagar,
Sudhana Nagar Extension-II,
Nainarmandapam,
Puducherry 605 004.
...Applicant
By Advocate M/s Prakash Adiapadam
Vs.
1.Union of India,
The Chief Secretary to Government,
Government of Puducherry, Chief Secretariat,
Gubert Avenue, Beach Road, Puducherry 605 001.
2.The Member Secretary,
Puducherry State Sports Council,
Indira Gandhi Sports Complex,
Dr.Ambedkar Salai, Uppalam, Pondicherry.
..Respondents
By Advocate Mr. R.Syed Mustafa
ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking for the following relief:
- “To direct the 2nd respondent to issue appointment order and accommodate the applicant for the post of Coach for TaekWondo Discipline on consolidated basis at suitable place, forthwith, in-pursuant to the Selection Note vide No.99/PSSC/Coach/Recruit/2015-16/108 dated 20.10.2015 issued by the 2nd respondent, with all monetary & non-monetary benefits w.e.f the date on which when the other selected candidates have been given appointment order and accommodated for their respective post.”
2.The brief facts of the case as stated by the applicant in nutshell are as under:
- The applicant is a permanent resident of Puducherry and belongs of MBC community. He has completed his SSLC in April 1997. He appeared for the +2 public examination but due to illness he could not clear three theory papers which he has completed only in June 2011. In the mean time, after clearing the entrance test conducted by the Annamalai University he joined B.A.(Sociology) in the said University and obtained Bachelor Degree through Correspondence/Distance Education Mode in December 2008. Thereafter he has completed Diploma Course in Sports Coaching for (Taek Wondo) at Netaji Subash National Institute of Sports, Bangalore, recognized by Sports Authority of India in May 2010 and also completed Post Graduate Diploma in Yoga in December 2012, M.A.(Sociology) in May 2012, M.A.(Political Science) in December 2014 and B.A.History in May 2014. While so, on 05.01.2015, the 2nd respondent issued a notification inviting application from residents of UT of Puducherry for the post of Coach for various disciplines on consolidated basis wherein out of two vacancies notified for “Taek Wondo” discipline one post is earmarked for Puducherry region. The prescribed education qualification mentioned in the notification is as follows:-
- “Bachelor's Degree* of a recognized University with NSNIS(Nethaji Subash National Institute of Sports)Diploma in Coaching in the particular game/sports”
- (or) “Bachelor's Degree* of a recognized University with Degree in Physical Education and NSNIS (Nethaji Subash National Institute of Sports) Diploma in Coaching in the particular game/sports * (10+2+3 pattern).”
- Since the applicant is fully qualified for the post of Coach for “Taek Wondo”
- discipline, the applicant had applied for the said post in proforma application along with all attested copies of the certificates mentioned in the prospectus accordingly. On 20.10.2015, the 2nd respondent issued a note informing that the applicant has been selected for the post of Coach (Taek Wondo) Discipline and directed him to attend the certificate verification on 27.10.2015 along with all original certificates. Accordingly on 27.10.2015 the applicant attended the certificate verification and produced all the original certificates before the concerned officer who after verification informed the applicant that the appointment order would be issued to him directly through post. But, thereafter the respondents accommodated all the selected candidates except the applicant and when the applicant approached the 2nd respondent personally and enquired, he was informed orally that since he had completed +2 examination after completion of the BA degree in the year 2011, it is not in the pattern of 10+2+3. The contention of the applicant is that rejection of his case on the ground that he has not completed educational qualification in 10+2+3 pattern is highly illegal and unlawful as there is no Government Order GO or circular or Rule, empowering the respondents to reject the candidature of the applicant, as one GO Ms No.107 dated 18.08.2009 issued by the Government of Tamil nadu specifically stating that “Decre