(1.) THIS writ appeal is directed against the order of the learned single Judge made in W. P. No. 25483 of 2007, dated 15. 10. 2008, allowing the writ petition filed by the respondent herein with a direction to appoint him as Sub-Inspector of Police in 2006 batch and place him as junior most in 2006 batch and to give him requisite training along with next batch.
(2.) THE case of the respondent is that he applied for the post of Sub-Inspector of Police pursuant to the notification issued on 26. 10. 2006 inviting applications for filling up the post of 63 men Sub-Inspector of Police along with 10 women Sub-Inspector of Police under 10% Sports Quota for the year 2002-2004. In the said notification it is stated that the applicant must have completed 18 years of age as on 1. 7. 2006 and not more than 24 years of age i. e, he/she must have born before 1. 7. 1988 or after 1. 7. 1982. It is further stated that the candidates should have participated in any one of the game/sports in the College/university/district/state/national/international level as per the approved list given thereunder, within two years preceding the date of notification. The notification also contained a clause that for outstanding candidates, who possess excellent performance records in sports and games, relaxation would be given if necessary, by the Chairman of the Special Committee, subject to the condition that the meritorious person so selected by the Sports Committee for relaxation of age, education and specific standards, are appointed only after obtaining orders from the Government, relaxing relevant rules in their favour. The mode of selection stated is, there must be an endurance test and those who are successful in the endurance test will be subjected to the approval by the Special Committee assisted by the Sports Experts of the respective fields and thereafter medical examination and police verification will be made before issuing the selection order. The respondent's application was considered and on 15. 6. 2007 it was stated that the respondent was over aged i. e, born before 1. 7. 1982 and he has not played the game within two years preceding the date of notification i. e. , 26. 10. 2006, published in the dailies. The said order was challenged in the writ petition by contending that he has completed the college education before two years of the advertisement and he also played in December, 2005, for State level Championship.
(3.) THE appellant herein filed counter affidavit stating that the respondent was over aged for more than one year and one month and he neither played nor enclosed any certificate as proof for sports achievements representing any level prescribed in the Government order, within two years prior to the notification dated 26. 10. 2006 and the game played by him in December, 2005 on behalf of the Income Tax Recreation Club, is not coming under the norms prescribed by the Government for considering his application. It is further stated that totally 812 candidates applied and 323 candidates were found eligible as per the norms fixed. Since there was sufficient number of eligible candidates, the appellant thought fit not to seek relaxation in favour of any candidate.