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2025 Supreme(Online)(CAT) 12928

CENTRAL ADMINISTRATIVE TRIBUNAL
BRaj Mohan Agrawal, ACJ
Jasna Joseph – Appellant
Versus
Union of India – Respondent
O.A./288/2023



Advocates:
For the Appellants/Petitioners: Mr. C. S. Gopalakrishnan Nair
For the Respondents: Mr. Brijesh A.S, ACGSC for R-1 to R-3, Mrs. Rekha Vasudevan, for R-4 & R-5

The decision affirms that selection processes must adhere strictly to established criteria, prioritizing merit and qualifications.

Headnote:This case examines the selection process for Multi-Tasking Staff under the sports quota. The court analyzed the qualifications and merits of applicants as per Notification No.Rectt/31-4/2020. It found discrepancies in the selection processes that favored the respondents despite the applicant's superior qualifications. The main issues revolved around the criteria for selection and prioritization of candidates. The court affirmed the applicant’s superior sports achievements, leading to the ruling that the applicant should be prioritized in the merit list, with a directive for the completion of the selection process in adherence to the guidelines.

Table of Content
1. recruitment procedures must follow specified criteria. (Para 1 , 2 , 3 , 4)
2. arguments raised about the qualifications and ranking of candidates. (Para 5 , 6 , 7 , 8 , 9)
3. the merit of sports achievements must be prioritized in selection. (Para 10 , 11 , 12 , 14 , 15 , 16)
4. the ruling favors the applicant based on merit, requiring the selection process be updated. (Para 17)

ORDER

Per: Mr. Braj Mohan Agrawal, Administrative Member

The applicant is a candidate in the recruitment of meritorious sports persons in the cadre of Multi Tasking Staff in Kerala Postal Circle. The method of selection for the above post is based on the educational and sports qualifications of the candidates who have represented and won medals or positions in different competitions in international, national, inter-University and National Sports/Games for schools conducted by approved Associations and Federations. It is contended by the applicant that the applicant is eligible for the qualifications prescribed by the 2nd respondent for the purpose of recruitment of aforesaid sports quota. Further the applicant is aggrieved by the selection and appointment of respondent Nos.4 and 5, who have secured rank MTS 36 and MTS 37 respectively in the provisional selection list. The selection committee has selected the party respondents in contravention of the method of selection prescribed in prospects/notification issued by the Department of Post.

2. The applicant submitted an application against notification No.Rectt/31- 4/2020 dated 21.10.2021 produced as Annexure A-1 for appointment of meritorious sports persons in the cadre of Postal Assistant/Sorting Assistant, Postman/Mail Guard and Multi Tasking Staff in Kerala Postal Circle.

3. The 2nd respondent constituted the Departmental Selection Committee for selection of eligible meritorious sports persons to the direct recruitment of vacancies reserved for Sports Quota in Kerala Circle from the applications received from the candidates. The applicant claims that the provisional selection list of Multi Tasking Staff is not in accordance with Annexure A-1 and Annexure A-8 The rank list published and selection of candidates are not prioritized with the preferences of representation and won medals/positions.

4. Being aggrieved by this the applicant has approached this Tribunal and sought the following reliefs:-

(i) To call for the records of Annexure A-14 and quash the same to the extent it select the respondent No.4 and 5 for the post of multi-tasking staff sports quota recruitment.

(ii) To call for the record of Annexure A-12 and quash the same in the interest of justice

(iii) To declare the applicant is entitled to be considered for appointment as multi tasking staff sports quota recruitment in preference to respondent Nos.4 &5

(iv) To declare Annexure A-14 notification published by the respondent No.1 to 3 is in contravention to the method of selection prescribed

(v) To issue a direction or order directing the 1st and 2nd respondent to appoint the applicant to the post of multi tasking staff as per the Annexure A-1 notification in the interest of justice

(vi) To declare that the applicant is eligible for the post of Multi-Tasking Staff and the respondents to complete the selection process in pursuance to Annexure A-1 within a stipulated time as may be prescribed by this Tribunal

5. The respondents 1 to 3 filed reply statement dated 23.08.2023 and submitted that selection of candidates have been recommended by the Departmental Selection Committee based on the guidelines issued by the Department of Personnel and Training, Government of India vide memo no.14034/01/2013-Estt(D) dated 03.10.2013 and instructions issued thereto. Hence, the candidates who have secured prizes in International/Senior National levels are included in provisional selection list of PA/SA, PM/MG and MTS. In cases where the number of candidates have similar level of certificates as per instructions vide No.17-07/2017-SPN-I dated 06.01.2

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