Selection criteria for recruitment of Meritorious Sports Persons must prioritize sports achievements over examination marks to comply with established guidelines.

ORDER

(Pronounced by Hon'ble Mr. Sisir Kumar Ratho, Member(A))

This OA has been filed by the applicant seeking the following relief:-

“to Direct the Respondents to appoint the applicant as Material Assistant by following the order of preference mentioned in the consolidated instructions issued by the 3rd respondent in his memorandum in F No.14034/01/2013-Estt. (D) dated 03.10.2013 and pass such further order or orders as it may deem fit and proper in the circumstances of the case and thus render justice.”

2. The facts of the case as submitted by the Applicant, are as follows, in brief:-

2.1. The applicant possesses the qualification of B.Ε. (Ε.Ε.Ε.) and also sport certificate in Body Building and obtained bronze medal in the year 2018 in All India Inter University Competition held in the State of Kerala. The 2nd respondent issued a detailed advertisement calling application from eligible candidates for the 419 posts of Material the Assistant in the pay scale of Rs. 29200 to 92300 (Level 5). In the advertisement, it was stated that the vacancies were in reserved for Ex-servicemen/Meritorious sports person/ PwBD in addition to the caste wise basis. For Meritorious sports persons, totally 20 vacancies were reserved. The applicant applied in UR- MSP (Unreserved - Meritorious Sports Persons Category).

2.2. Since the applicant was found eligible in all respects, he was called for written examination on 11.12.2022 and finally, result was published on 16.02.2023, selecting 20 persons for the post of Material Assistant leaving out the applicant by violating the 3rd respondent's office memorandum of consolidated instructions on incentives for sportspersons dated 03.10.2013.

2.3. As per the said order of preference vide DoPT consolidated instructions dt. 03.10.2013, 1^st preference would be given to those who have represented the country in an International competence, 2nd preference would be given to those who have represented State/Union Territory in the Senior/Junior level National Championships and have won medal up to place, 3rd preference would be given to those who have represented a University in an Inter University Competition and won medal up to 3rd place, The above said 20 persons who were selected under the MSP did not come within the three preference mentioned in consolidated instructions on incentives for sports persons dated 03.10.2013. The applicant preferred a representation dated 17.02.2013 under RTI Act seeking the above said information to the respective authorities which was rejected vide order dated 27.02.2023. The applicant is coming under 3rd order of preference, therefore, if the order of preference was scrupulously was followed, the applicant would have been selected. Aggrieved, the applicant has filed this OA seeking the abovesaid relief.

3.1. The respondents have filed reply opposing the relief prayed by the applicant. It is submitted that as per para 38 of Advertisement No. AOC/CRC/2022/OCT/AOC-01, dated 22 Oct 2022, any dispute in regard to this recruitment will be subject to jurisdiction of Telangana Court at Hyderabad/Tribunals having jurisdiction over Army Ordnance Corps Centre, Secunderabad (Telangana). However, applicant had filed this OA before this Tribunal seeking relief “to appoint the applicant as Material Assistant by following the order of preference mentioned in the consolidated instructions issued by the 3rd respondent in his memorandum in F. No. 14034/01/2013- Estt. (D) dated 03.10 2013.”

3.2. It is submitted that the applicant had applied for the post of Material Assistant under the Meritorious Sports Person (MSP) category Further, the can