The eligibility criteria for appointment under Meritorious Sports Person quota must be strictly adhered to, and provisional appointment does not confer an indefeasible right.

ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

The present O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 being aggrieved by the cancellation of his appointment to the post of Technician ‘A’ (machinist), seeking the following relief(s):-

“(i) That the Hon’ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 27.7.2023 and dt.7.7.2023 (Annex. A/1 & A/2) declaring to the effect that the same is illegal & against principle of natural justice and consequently, pass an order directing the respondents to restore the appoint (sic. appointment) of the applicant to the post of Technician ‘A’ (Machinist) with all the consequential benefits including the arrears of pay and allowances during intervening period.

(ii) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation.”

2. The relevant facts of the case, as narrated by the learned counsel for the applicant are:

2.1 Pursuant to an Advertisement issued by the Respondent No.2 – DRDO inviting applications for various posts including the post of Technician ‘A’ (Machinist) and out of total 89 vacancies, 2 were reserved for sportspersons. The applicant being fulfilled all the eligibility criteria applied for the said post. He appeared in Tier-I and Tier-II examinations, qualified the same and the Competent Authority vide letter dated 12.05.2023 recommended his name for appointment to the said post. He was also issued certificate dated 18.05.2023 intimating that the certificate verification process is complete; and vide letter dated 13.06.2023, he was issued appointment order. He also joined his duties on 27.06.2023.

2.2 However, vide order dated 07.07.2023, the applicant was informed that the certificates enclosed are not in conformity to the criteria under category of SC MSP and he was directed to produce the certificate of Meritorious Sportsperson. The order dated 07.07.2023 is reproduced hereinbelow:

“With reference to your joining report dated 27.06.2023, it is informed that you have been selected under category of SC MSP. The eligibility criteria of Reservations for Meritorious Sportspersons (MSP) are, as under:

(i) Persons who have represented a State or the country in the National or International competition in any of the games/sports;

(ii) Their University in the Inter-University Tournaments conducted by the Inter-University Sports Board in any of these games;

(iii) The State Schools Teams in the National Sports/Games conducted by the All India School Games Federation in any of these games/sports; and

(iv) Persons who have been awarded National Awards in Physical Efficiency under National Physical Efficiency Drive.

On verification of documents, it is found that the certificates enclosed by you are not conforming to the above criteria.

You are advised to produce the certificate of Meritorious Sportspersons (MSP) in line with criteria enumerated above within 7 working days, failing which your provisional appointment for post of Technician 'A' shall be cancelled.”

2.3 Against the aforesaid order, the applicant submitted his reply through counsel on 13.07.2023 (Annexure A/3), however, the respondent No.3 failed to consider the same and cancelled the appointment of the applicant vide impugned order dated 27.07.2023 (Annexure A/1) which, according to him, is totally illegal, arbitrary, and against the terms and conditions prescribed in the Advertisement.

2.4 It is also mentioned that before