ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 11-04-2023 In the instant writ petition, Petitioners-Union of India and others have assailed the order of the Central Administrative Tribunal, Patna Bench, Patna (for short ‘CAT’) dated

29.03.2019 passed in OA/050/00784 of 2015.

2. Respondents-Manish Chandra Roy, Balagopal B and Mr. Suman Kumar Kollasety were candidates among others for recruitment to the post of Taekwando Coach, Sports Authority of India. 25 posts of Taekwando Coach were notified.

The classification of reservation is as under:

“General Merit-12, OBC-05, SC-3 and ST-2 posts respectively.”

3. The initial advertisement was in the month of July-

August 2011 while fixing the last date of submission of application as on 01.08.2011. Due to administrative reasons, the concerned petitioner proceeded to re-advertise the posts on 14.09.2012 while assigning the last date of submission of application as on 15.10.2012. In this regard, it is necessary to reproduce two Clauses of advertisement, which read as under:-

“NOTE : 1. The number of vacancies is provisional and may vary as per the requirement of SAI. 2. The advertisement published earlier in the Employment News of dated 30 July-05 August, 2011 for the post of Coach Grade- III stands cancelled. Candidates who had already applied with reference to the aforementioned advertisement need not apply afresh, as their candidature will be considered as per Terms & Conditions given in the earlier (30 July-07 Aug., 2011) advertisement, except selection procedure which will be as per present advertisement, except selection procedure which will be as per present advertisement. However, if any applicant wants to withdraw due to change in recruitment process he/she can do so before the last date fixed for receipt of fresh applications and the fee deposited by such candidates would be refunded.

5.0 RELAXATION IN AGE LIMIT (a) (i) Up-to a maximum of 10 years in case of departmental candidates.

(ii) Personnel/ Candidates who are not regular employees of SAI, but have been engaged on Contract basis would be provided age relaxation for the entire period of their engagement on Contract basis in SAI plus three years, i.e., such person(s) shall be allowed to deduct the period of such service from his/her actual age and if the resultant age does not exeed the maximum age limit prescribed for the post by more than 3 years, he/she shall be deemed to satisfy the condition regarding age limit. They will have to meet the other qualifying conditions of education etc.

(b) Up-to a maximum of 05 years in the case of SC/ ST Candidates.

(c) Up-to a maximum of 03 years in the case of OBC candidates.

(d) Up-to 05 years for persons who had ordinarily been domiciled in the State of Jammu and Kashmir during

01.01.1980 to 31.12.1989.

(e) Up-to a maximum of 05 years in the case of ex-servicemen including Commissioned Officers and ECOs/SSCOs who have rendered at least 05 years Military Service as on 15.10.2012 and have been released (i) on completion of assignment (including those whose assignment is due to be completed by 15.10.2012) otherwise then by way of dismissal or discharge on account of misconduct or inefficiency, or (ii) on account of physical disability attributable to Military Service, or (iii) on invalidment.

(f) Up-to a maximum of 05 years in the case of ECOs/SSCOs who have completed an initial period of assignment of five years Military Service as on 15.10.2012 and whose assignment has been extended beyond five years and in whose case the Ministry of Defence issues a certificate tht they can apply for civil employment and that they will be released on three months notice on selection from the date of receipt of offer of appointment.

(g) Up-to a maximum of 05 years for employees working in Government Organizations.

(i) Up-to a maximum of 10 years in the case of SC/ST candidates serving as Govt. employees in accordance with the Govt. of India instructions. An applicant claiming age relaxation under