S SOLOMON Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties. The question involved in these three writ petitions relates to the manner of selection of candidates to the post of School Assistant Grade II as against Sports Quota. The petitioner in W.P.No.14410 of 2008 and W.P.No.14236 of 2008 were participants in National Level Sports and were medalists. The petitioner in W.P.No.17224 of 2008 had obtained 4th placement in National Level Sports Championship. The private Respondents 3 to 7 in W.P.No. 14410 of 2008 were also participated in different National Level Championship. The Respondents 3 to 7 in W.P.No.14410 of 2008 (Respondents 4 to 8 in W.P.No.14236 of 2008 were selected on the basis that they had secured more marks in the qualifying examination.

(2.) THE petitioners in all the writ petitions challenged their non-selection, by filing Original Applications before the Tribunal. THE Tribunal in its common order dated 25.04.2008 has observed as follows:- "10. After considering the arguments of both sides, we are of the view that though the orders of this Tribunal cited by the learned counsel for the applicants are squarely applicable to the case of the applicants herein, on perusal of the records relating to the selection made under the MSP quota furnished by the respondents, it is clear that all the candidates selected i.e. Respondents 3 to 7 as well as the applicants only represented and participated in the National level games and obtained Meritorious sports person certificates. Admittedly, the respondents 3 to 7 secured more percentage of marks than the applicants and further the post is a teaching post which requires more efficiency in the subjects. We also do not find any infirmity in the selection of the respondents 3 to 7 when the relative merits are equal in sports and especially when the applicants do not have any outstanding performance over the selected candidates. Though, we hold that the procedure adopted by the respondents in making the selection as per the marks obtained in the academic qualifications for the MSP quota are wrong, on verification of the records, the applicants do not possess any eminent performance in sports to overlook the claim of the selected candidates under MSP. Hence all these applications fail and dismissed accordingly. No order as to costs." (Emphasis added by us).

(3.) THE relevant portion of the Office Memorandum No.14034/1/95-Estt.(D), dated 4.5.1995 is extracted hereunder :-