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2024 Supreme(Online)(MAD) 25825
IN THE HIGH COURT OF JUDICATUE AT MADRAS DATED: 03.09.2024 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.3615 of 2020 B.Ajith Kumar .. Petitioner Vs
1.Tamil Nadu Uniformed Services Recruitment Board (TNUSRB), Rep. By its Member Secretary, Old Commissioner of Police Campus, Pantheon Road, Egmore, Chennai~600 008.
2.Government of Tamil Nadu, Rep. By its Secretary, Department of Home, Chennai – 9.
3.Sports Development Authority of Tamil Nadu (SDAT), Rep. By its Member Secretary, 116-A, Periyar EVR High Road, Chennai – 84.
4.L.Ravichandran .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of certiorarified mandamus to call for the records of the first respondent in connection with the impugned communication marked as Exhibit A and the consequent selection to the post of Grade-II Police Constable and other posts against the 8862 vacancies notified in the advertisement of 06.03.2019 and quash the same and direct the respondents to consider the petitioner's candidature for the selection to the post of Police Constable Grade-II as against Sports Quota reserved for Schedule Caste.
For Petitioner : Mr.Mohamed Yaqoob Kafeel for Mr.Goutam S.Raman For R1 : Mrs.D.Sowmi Dattan Standing Counsel For R2 : Mr.S.Jayachandran, GA For R3 : Ms.N.S.Tanvi
ORDER
The writ petition has been filed challenging the order passed by the first respondent rejecting the candidature of the petitioner to the post of Grade-II Police Constable on the ground that the sports certificate produced by him is unrecognized by the third respondent.
2. The petitioner has acquired B.E. (Computer Science) in the year
2018. He is a hockey player and participated in the university level tournaments as a hockey player. He is also a member of the Tamil Nadu Rural Youth and Sports Association, through which, he participate in the national level competition in Hockey. He was issued with two certificates by the said association. However, it was not attested by the third respondent. While being so, the first respondent issued notification calling for applications for 8826 vacancies in the Tamil Nadu Police Department, Prison and Fire Service Departments. As per the said notification, the petitioner applied for the post of Grade-II Police Constable under sports quota, enclosing all the sports certificates. After physical endurance, the candidature of the petitioner was rejected on the ground that the sports certificate produced by the petitioner was not recognized by the third respondent.
3. On instructions, learned counsel for the third respondent drew the attention of this Court to the list of approved sports associations, which are extracted below:-
| Name of the Games/Association | Recognized by |
| 1.Tamil Nadu Athletics Association 2. Tamil Nadu Basket Ball Association 3. Tamil Nadu Hand Ball Association 4.Tamil Nadu State Amateur Kabbadi Association 5. Tamil Nadu Judo Association 6. Tamil Nadu Amateur Wrestling Association 7. Hockey Unit of Tamil Nadu Association 8. Tamil Nadu Volley Ball Association 9. Tamil Nadu Boxing Association 10 Tamil Nadu Gymnastics Association 11. Tamil Nadu Weightlifting Association 12. Tamil Nadu Aquatics Association 13. Tamil Nadu Foot ball Association 14. Equestrian (Horse riding) 15. Tamil Nadu Shooting Association | List of Sports Association recognized by Sports Development Authority of Tamil Nadu, Tamil Nadu Olympic Association and Indian Olympic Association |
4. Further, as per G.O.Ms.No.626, Home (Pol.III) Department, dated 23.07.2003, the procedure and process of selection in IV(B)-
certificate verification states as follows:-
“?the sports persons competing against sports quota vacancies should produce certificates in Form II and Form III issued by approved Sports Association only. The Member Secretary, Sports Development Authority of Tamil Nadu, Chennai-84 will furnish such a list to the committee. Certificates relating to educational qualification and Games/Sports activities in which participation has been at District/State National/ international level shall be thoroughly verified for their genuineness. In respect of certificates issued by Sports Associations, the Member Secretary, Sports Development Authority to Tamil Nadu, Chennai~84 will cause verification on the genuineness of such certificates.”
5. In view of the above, it is clear that the sports certificate produced by the petitioner was not issued by the approved sports association as recognized by the third respondent. Therefore, the petitioner's candidature was rightly rejected under sports quota.
6. A similar issue was already dealt with by this Court in several writ petitions and rejected the request made by the petitioners therein. For better appreciation, relevant portion of the order passed by this Court in W.P.No.12698 of 2021, dated 16.08.2022, is extracted below:-
“4. This Court already decided the identical issue in W.P.No. 26456, 26460 & 26463 of 2021 dated 13.12.2021 wherein this Court has considered the similar issue in detail and rejected the claim made by the petitioners therein. The relevant paragraphs are extracted hereunder;
?4. The learned Additional Advocate General appearing for the respondent, submits that the petitioners have no case inasmuch a
