LIKSY JOSEPH Vs. UNION OF INDIA

JUDGEMENT

(1.) Two original petitions by an aggrieved individual and two by the Department. The private parties to the litigation are Alwin Francis, Liksy Joseph and Arathi Sarah Sunil; two of whom are badminton players and one an athlete (Liksy Joseph). They along with others applied under Annexure A1 notification produced in O.A.No.156/2017. The eligibility of all of them to apply for the posts notified for sports persons is not in dispute. They were ranked for the purpose of selection to the post of Income Tax Inspectors and Tax Assistants.

(2.) We are at present concerned with their appointment to the post of Income Tax Inspectors. A selection list was published, in which, there were five rank holders; of which, Alwin Francis was the 3rd rank holder, Liksy Joseph, the 4 th rank holder and Arathi Sarah Sunil, the 5th rank holder. Rank 1 & 2 did not join. Arathi Sarah Sunil challenged the selection and the rank list on the ground that she has to be placed first. She impleaded all the four persons placed above her including Alwin Francis and Liksy Joseph in the O.A. 156/2017. Notices were issued. Alwin Francis appeared, Liksy Joseph failed to appear. The Tribunal considered the matter, but did not look into the specific contention raised by Arathi Sarah Sunil that she has to be placed first among the three.

(3.) When the matter was pending before the Tribunal, the Department found that both Alwin Francis and Liksy Joseph, already employed, had not submitted an NOC and hence they were disqualified. The Tribunal, taking note of the said subsequent event, directed appointment of Arathi Sarah Sunil, who was the 5th rank holder, who alone was then available for posting as an Income Tax Inspector. Noticing the fact that there was one more post available, the Tribunal directed the Department to consider whether relaxation could be granted to Alwin Francis. It is the submission of Alwin Francis that he had been on medical leave for injuries suffered in a tournament from May 2016 to December 2016. The last date for application was on 15.09.2016. He also filed O.A.608/2017. Both the O.A.s were considered together and hence Alwin Francis, who had a reasonable case set up before the Tribunal for reason of there being no possibility of an NOC being issued when he is on medical leave, was allowed the prayer of consideration of the subsequent NOC submitted by him and the Department is yet to consider the same.