ANUP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent of the parties.

(2.) The petitioner is challenging the refusal of the respondents 2 and 3 to issue the appointment order to the petitioner for the post of Junior Engineer Group-D from the sports quota.

(3.) The respondent 2 published an advertisement for direct appointment for the post of Assistant Engineer Group-C and Junior Engineer Group-D at their official website on 17/10/2016, wherein 5% reservation was provided under sport quota. As per Government Resolution dtd. 30/4/2005, for the post of Junior Engineer, a person who individually or with team has secured 1st, 2nd and 3rd position or won gold, silver or bronze medal in State, National and International competition is eligible to apply and the selection is subject to receiving validity report of the certificates of the candidate from respondent 4. The petitioner has educational qualification of Diploma in Mechanical Engineering and has also played various games such as Basketball, Tug of War and Sepak-Takaraw on District and State Level Competition in which the petitioner has secured 2nd position in Maharashtra State Sepak-Takaraw Championship 2013-14 and also the winner of Inter Zonal Sports Meet 2008-2009 in Basket Ball. The name of the petitioner was published in select list and his position was at Serial No.20 in Select List (Open) from sport quota. The respondent 2 issued letter on 2/1/2018 to the respondent 5 to submit validity report regarding sport certificate of the 3 selected candidates for the post of Assistant Engineer Group -C and 1 candidate Junior Engineer Group-D. Accordingly, the respondent 5 submitted validity report regarding sport certificate of the petitioner to the respondent 2 on 9/10/2018 and specifically submitted that petitioner's validity certificate was issued on 31/7/2018 and therefore, there is no objection to appoint petitioner to the post of Junior Engineer.